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THE 



CIVIL GOVERNMENT 



OF THE 



T TED States and the State of Missouri 



AND 



THE HISTORY OF MISSOURI 



FROM THE EARLIEST TIMES TO THE PRESENT 



BY 

PERRY S. RADER 



COLUMBIA, MISSOURI: 

E. W. STEPHENS PUBLISHER. 

1898. 







9859 

^HE grateful acknowledgments of the 
author are due to Dr. Edward 
A. Allen, professor of English 
Language and Literature in the State 
University, and to ACr. Albert R. Strother, 
A. M., attorney at law, of Kansas Citj, 
both of whom read the manuscript of the 
Civil Government, and assisted in its care- 
ful revision. 




TWO COPIES RECEIVED. 



PREFACE TO THE CIVIL GOVERNMENT. 



So much o£ the Civil Government of the United States 
and of the State of Missouri is given in this book as is neces- 
sary in the preparation of the young for intelligent citizen- 
ship. There is not such a lengthy discussion as might be 
desired by the technical lawyer, but the treatment is such 
that a general understanding of all branches of our govern- 
ment may be acquired, and is sufficient to meet the needs of 
any district school or high school or academy. Those parts 
of the Federal Constitution that are now or may hereafter be 
in active force have been given and discussed. The quota- 
tions from the Constitution have usually been printed in 
italics^ in order that they may the more readily be seen and 
distinguished from other parts of the book. The entire work 
has been divided into chapters of sufficient length for class- 
room work, and at the end of each chapter are numerous 
questions for aid in review, and a topical outline for black- 
board purposes. The figures in parenthesis after every 
question refer to the section in which the answer may be 
found. To aid in the study subdivisions of sections usually 
begin in italics. 

The Author. 



PREFACE TO THE HISTORY. 



In offering this little History for use in public and other 
schools I am not without the hope that it may aid in inspir- 
ing the young with a purpose to make Missouri the bright- 
est and best of the constellation of States. Our State at this 
time has a population almost as large as all the States had 
at the time of the formation of the Union in 1789. Our peo- 
ple have come from every State and almost every nation. 
This may be indicative of strength or of weakness. It is a 
heterogeneous people that should become homogeneous in 
feeling, purpose and State-pride. But this is far from the 
case. Many Virginians who have lived on our soil for a 
quarter of a century are yet Virginians ; immigrants from 
New England are yet New Englanders ; and the same is 
true of the settlers from almost every State and country. 
We still go to other States for our leading preachers, 
judges, lawyers and educators. This ought not to be. 
We need to exalt our State by relying more on our own 
right arm, by believing more in each other. It is also true 
that we have a history of which we may justly be proud. Few 
States have so charming and important a story. But it has 
rarely been told. The children in our schools know far 
more of the history of the Atlantic States than of their own. 
It is the opinion of the author that a fuller acquaintance with 
Missouri's history will make her population a much stronger, 
a more patriotic and a happier people. Knowledge of our 
own deeds and convictions and glory will create mutual con- 
fidence and admiration, and then business enterprise, moral 
culture, and intellectual emulation will follow, and more 
rapidly than ever before. As a native of the State, I may 
be permitted to wish that this volume will do its share in 
helping toward these good results. 

The Author. 



CONTENTS.— CIVIL OOYERNMENT OF THE 
UNITED STATES. 

Chapter. Page. 

I — General Principles i 

II — Constitution 5 

III — Legislative Department 9 

IV — Powers of Congress • 15 

V — Limitations on the Powers of Congress 26 

VI — The Executive Department. 35 

VII — The Judicial Department ■ 39 

VIII — Limitations Upon the Courts 44 

IX- -Miscellaneous Provisions 49 

X- -Executive Departments 5^ 

Index to Civil Government of United States ,. 62 

CONTENTS.— CIVIL COVEENMENT OF 
MISSOURI. 

Chapter. Page. 

I — General Divisions 66 

II — Constitution of Missouri 69 

III— State Officers 75 

IV — The General Assembly 81 

V— The Courts ^ 87 

VI— Counties.. loi 

VII — Congressional Townships 109 

VIII — Cities, Towns and Villages 114 

IX— Public Schools 124 

X— Elections . 132 

XI — Eleemosynary and Penal Institutions 139 

Index to Civil Government of Missouri 143 



CONTENTS.— HISTOEY OF MISSOUEI. 

Part I. — French and Spanish Period. 
Chapter. Page. 

I — Discoveries 147 

II — First Settlements ...... 154 

III — Spanish Rule 158 

Part II. — Territorial Period. 
Chapter. Page. 

I — The Louisiana Purchase 167 

II — Missouri's First Years as a Territory 171 

III — Exploring Expeditions 176 

IV — New Madrid Earthquake 178 

V — Other Settlements 181 

Part III. — Missouri as a State. 
Chapter. Page. 

I — Admission of Missouri into the Union 192 

II — First Years as a State 201 

III — Bates and Miller, 1824-32 209 

IV — Governor Dunklin's Administration, 1832-36 219 

V — Governor Boggs and Mormon Troubles 225. 

VI — Governors Reynolds and Marmaduke 232 

VII — Governors Edwards and King 242 

VIII — Benton and the Jackson Resolutions. 253 

IX — From 1852 to i860 261 

X— The Election of i860... , 278 

XI— First Months of 1861 282 

XII — The Convention Against Secession 291 

XIII — The Arsenal and Camp Jackson 296 

XIV — Boonville, Carthage and Cowskin Prairie 312 

XV— Battle of Wilson's Creek 320 

XVI— The Last Months of 1861 327 

XVII — Events in 1862 334 

XVIII — Principal Events of 1863 and 1864 342 

XIX — The Administration of Governor Fletcher ... 355 

XX — McClurg's Administration 366 

XXI — The Administration of Governor Brown 371 

XXII — Governors Woodson and Hardin 379 

XXIII— From 1877 to 1892 389 

XXIV — From 1892 to the Present Time 400 

Appendix — Lists of Officers, Index , 409 



LIST OF ILLUSTEATI0N8, 



PAGE. 

Atchison, D. R 264 

BateS; Edward • 215 

Bates, Frederick 210 

Benton, Thos. H 256 

Blair, Francis P 3°^ 

Boggs, L. W 225 

Boone, Daniel 183 

Broadhead, Jas. O 291 

Brown> B. Gratz 371 

Clark, John B . , Sr 234 

Clark, Capt. William . ... 184 

Cockrell, Francis M 384 

Crittenden, T. T 392 

Doniphan, Alex. W 245 

Drake, Chas. D 357 

Dunklin, Daniel ... 219 

Easton, Rufus 207 

Edwards, John C 242 

Fletcher, Thos. C 355 

FranciSj David R . . , 398 

Gamble, Hamilton R 351 

Gejer, H. S 258 

Green, Jas. S 266 

Guitar, Odon 338 

Hall, Willard P 353 

Hardin, Chas. H 382 

Henderson, John B 343 

Jackson, Claiborne F 284 

Jones, John Rice 205 

King, Austin A 250 

La Salle 150 



J'AGE. 

Lewis, Meriwether. 176 

Linn, Dr. L. F 238 

Ljon, Captain Nathaniel. . . 298 

McClurg, Joseph W 366 

McNair, Alexander 201 

Map, Congressional n 

Map, Congressional Town- 
ships 113 

Map, Judicial X^ircuits 93 

Map, Senatorial Districts. . . 82 

Marmaduke, John S 395 

Marmaduke, M. M 239 

Miller, John. 213 

Morehouse, A. P 39^ 

Napton, W. B 393 

Phelps, John S 3^9 

Philips, John F 337 

Polk, Trusten 265 

Price, Sterling 262 

Reynolds, Thomas 237 

Reynolds, Thos. C 333 

Rollins, James S 267 

Sherwood, Thos. A 399 

Sigel, Franz 3^5 

State Seal 206 

Stephens, Lon V 4^5 

Stewart, Robt. M 269 

Stone, William J 401 

Vest, Geo. G 39^ 

Woodson, Silas 379 



CIVIL GOVERNMENT 



OF THE 



UNITED STATES 



CHAPTER I. 

GENERAL PRINCIPLES. 

1. Reasons for Government. — Men are dependent 
upon each other. No one is strong enough to stand alone. 
For the purposes of mutual protection men have associated 
themselves into governments. The Declaration of Inde- 
pendence proclaimed that all men are endow^ed by their 
Creator with certain "inalienable rights," or rights that can 
not be taken from them, and that "among these are life, lib- 
erty and the pursuit of happiness," and "that to secure these 
rights governments are established among men." Here, 
then, are the reasons for government. Government in Amer-v 
ica is the result of an agreement among the inhabitants to 
invest certain officers with authority to protect them in their 
right to "life, liberty and the pursuit of happiness" and in 
other inalienable rights. 

2. Whence Come Its Powers. — The Declaration 

of Independence further declares that governments derive 
"their just powers from the consent of the governed." This 
is an underlying principle in America. Governments here 
are creations of the people. They have no authority which 
they do not derive from the people. They are established 
or maintained by the people for their own good. Without 

' (O 



2 CIVIL GOVERNMENT OF THE UNITED STATES. 

government In some form, life would be insecure, liberty 
uncertain, property valueless, and the pursuit of happiness 
impossible. All civilized peoples have had government, 
and the more enlightened they have become the more firmly 
established have been their governments. One of the prin- 
cipal duties of government is to prevent men from injuring 
each other. But on the other hand, government can not 
properly exercise more power than the people consent to give 
it. It must not inflict penalties that will unjustly deprive the 
people of their rights to life, liberty and the pursuit of hap- 
piness. It must not undertake to impose taxes greater than 
they have consented to bear. This consent is found in the 
laws of the land. The laws have been made by lawmakers 
chosen by the people, and the people are bound by the laws 
so made within the limits of the authority given by them to 
the lawmakers, because they have really consented to them 
in advance. 

3. Equal Rights. — Our government recognizes that 
all men have an equal right to share in the benefits of the 
government. It makes no distinction among its law-abiding 
citizens. Man because he is man has a right to share in its 
privileges. This principle is laid down in the Declaration of 
Independence, in the constitution of the United States and 
in the constitution of every State. This government, then, 
is ours. It belongs to the people. 

4. Forms of Government. — In this age the principal 
governments may be divided into two classes, monarchies 
and republics. The word monarchy means the rule of one 
man, a government by one person. In such a government 
all power resides in or proceeds from the monarch. There 
have been nations in which the ruler, styled king, despot, 
emperor, czar, shah, or sultan, had absolute power of life 
and death over the people. He made the laws for their 
control, interpreted them as he wished, and enforced them 



GENERAL FBINCIPLES. 3 

according to his own caprice. He was a despot. He took 
the lives of his subjects at will, appropriated their property 
at pleasure and maintained his authority by force. Such a 
government is usually called an absolute monarchy or 
despotism. It can not exist where the people are generally 
educated, and, knowing their rights, dare maintain them. 
But perhaps no important nation of this time can be said to 
be strictly an absolute monarchy. Russia and Turkey are 
frequently called such. But laws exist even in those nations, 
and the powers of the sovereign are limited, in some things, 
by them. There are other laws, also, which vaguely define, 
and with uncertainty guarantee, some rights to the people. 

A limited monarchy is a government in which the powers 
of the monarch are limited by laws. These are enacted by 
a parliament or established by the people in some other way, 
and enforced by courts. In some limited monarchies there 
is a constitution, or a charter of rights, to which the monarch 
is required to submit. The monarch, in such cases, is at 
the head of the executive branch of the government. Eng- 
land is the best example of a limited monarchy. For eight 
hundred years she has had a hereditary king or queen, since 
King John's time her people have had their bill of rights, or 
the Magna Charta, and for centuries she has had a system of 
courts to enforce her laws, and a Parliament, consisting of 
the House of Lords and the House of Commons, to enact 
laws for the kingdom. But the powers of the sovereign are 
not the same in any two monarchies, whether they be called 
limited or absolute. In one they are more extensive than in 
another. 

One distinguishing feature of all monarchies is the fact 
that the people are divided into classes, and one class given 
privileges denied to others. Thus, in England the House of 
Lords is composed of persons who have inherited the title of 
lord from an ancestor or had it bestowed on them by the 
queen. An oligarchy means government by a few men, and 



4 CIVIL GOVERNMENT OF THE UNITED STATES. 

an aristocracy, government by the best classes. In all 
monarchies there is a class of citizens called the aristocracy. 
The idea behind such distinctions is that only a few persons 
are capable of managing the affairs of government. 

A republic is a government by representatives chosen by 
the people. It is sometimes called a government by laws. 
These laws are made by representatives chosen by the people, 
and are enforced by officers chosen by the people or 
appointed by other officers who have themselves been chosen 
by the people. The people are the source of all power in a 
republic. The United States present the best example of a 
republic ever known. France and Brazil also have republi- 
can government, but less perfect than ours. A government 
purely by the people would be a democracy. In such a 
government all the people would come together in general 
council and enact laws. But in a country of extensive terri- 
tory and a large population this would be impossible. A 
republican form of government, therefore, where laws are 
enacted and enforced by representatives chosen by the people, 
is the fairest and fullest expression of popular will. 

Questions on Chapter I. 

1. Name some reason for government, (i) 

2. Name three ''inalienable rights." (i) 

3. Whence are the powers of just government? (2) 

4. For whose good are governments? (2) 

5. Suppose there were no governinents? (2) 

6. One of the principal duties of government? (2) 

7. How is the people's consent found? (2) 

8. What can jou say of equal rights? (3) 

9. Where is this principle laid down? (3) 

10. To whom does the government belong? (3) 

11. How many forms of government are named? (4) 

12. What is an absolute monarchy? (4) 

13. A limited monarchy? (4) 

14. An oligarchy? (4) 

15. An aristocracy? (4) 

16. A republic? (4) 



CONSTITUTION. 



Topical Outline of Chapter I. 

I. Absolute Monarchies. 
Governments. -=( 2. Limited Monarchies. 
3. Republics. 



tZ) 



I. Form. 



p ^ <j 2. Powers, How Derived and Expressed. 

. w 

c 



o- 



(1. U. S. 

Guarantees ( C Constitution. 

O (^ to the People. <[ i. Equal Rights ^ Through <^ 2. State 

I Constitution. 
^^ 3. Laws. 



CHAPTER 11. 
THE CONSTITUTION. 

5. Fundamental Law. — The fundamental law of our 
republic is the Constitution of the United States. It is the 
agreement entered into by the people when the Union was 
formed. It is the supreme law of the land. All laws of 
Congress or of any State in conflict with it are void, and the 
Supreme Court of the United States has been given the au- 
thority to say what laws are in conflict with the Constitution. 
However much a new law may be desired by the people, if 
it is in conflict with the Constitution it must fail, and the 
only way it can be enacted so as to be enforced is by first 
changing the Constitution itself, which can be done in the 
way designated by it. It is a short instrument, covering 
about twenty-five pages of an ordinary book, and in many 
respects is the most remarkable document in all history. It 
contains a recital of the powers of the Union over its citizens 
and over the States, and of its general duties towards them. 
The Union's powers are, therefore, defined by it, and in 
return for the surrender by the people and the States of these 
powers to the Union, there is imposed on the Union the duty 



6 CIVIL GOVERNMENT OF THE UNITED STATES. 

of guaranteeing to each State a republican form of govern- 
ment. All powers not delegated by it to the Union, nor 
prohibited by it to the States, it declares, are reserved to the 
States respectively or to the people. It is, at once, the 
charter, the anchor, the high tower, of American liberty. 

6. How Prepared and Adopted. — The Constitu- 
tion was framed by a convention of delegates from twelve 
States, which was held in Philadelphia in 1787, and of 
which the great George Washington was president. His 
name appears upon it as its first signer. It was written 
largely by James Madison, who has been called "the Father 
of the Constitution." Itprovided that '-the ratification of the 
conventions of nine States shall be sufficient for the establish- 
ment of this Constitution between the States so ratifying it." 
Eleven States had ratified it by June 26, 1788, but Rhode 
Island, which had refused to send delegates to the constitu- 
tional convention, did not adopt it for over a year after 
George Washington had been inaugurated President. Alex- 
ander Hamilton and James Madison did more to secure its 
adoption than any other men. They and John Jay, who was 
afterwards appointed the first Chief Justice of the United 
States, published many letters carefully explaining its mean- 
ing. These were collected into a volume called the " Fed- 
eralist," which is considered a book of great value by 
students of the Constitution. 

7. Preamble. — The reason and purposes of the Consti- 
tution are set forth in a few short sentences at its beginning. 
These should be memorized by each pupil. The Constitu- 
tion begins: " We, the people of the United States, (i) in 
order to form a more perfect union, (2) establish justice, (3) 
insure domestic tranquillity, (4) provide for the common de- 
fense, (5) promote the general welfare, (6) and secure the 
blessings of liberty to ourselves and our posterity, do ordain 



CONSTITUTION. 7 

and establish this Constitution for the United States of 
Ajuerica. ' ' These few clauses have been the subject of much 
study by the ablest Americans. Interpretations given to them 
have caused the formation of parties, and led to heated 
political contentions. One class of citizens has held that the 
chief duty of government is "to promote the general wel- 
fare," and hence has advocated general improvements and 
the ownership of canals and railroads by the Government ; 
another class has contended that "to secure the blessings 
of liberty to ourselves and our posterity" is the real duty of 
the Union. But it is not right to divide the preamble. One 
clause is as important and binding as another. 

8. Amendments. — But the constitution is not exactly 
as it was when first adopted. It has been changed by adding 
to it fifteen "amendments." These have the same force and 
effect as the original instrument. They were made a part 
of the Constitution by being proposed by two thirds of both 
houses of Congress to the legislatures of the several States, 
and by being adopted by at least three fourths of the legis- 
latures of the States or by conventions called for that pur- 
pose. The first ten were proposed by the first session of the 
first Congress and proclaimed to be in force December 15, 
1 79 1. They have, by the United States Supreme Court, 
been held to be limitations on the powers of the Federal 
Government. They were secured largely through the efforts 
of Patrick Henry, as more clearly defining the rights reserved 
to the States and to the people. The Xlth Amendment, 
proclaimed ratified January 8, 1798, simply prohibited 
citizens of one State or of a foreign country from suing 
another State. The Xllth Amendment, proclaimed ratified 
September 25, 1804, more clearly defined the mode of electing 
the President and Vice-President. There were no more 
amendments for sixty-one years. The next, the Xlllth, pro- 
claimed ratified December 18, 1865, prohibited slavery. 



8 CIVIL GOVERNMENT OF THE UNITED STATES. 

The XlVth Amendment, consisting of four sections, was 
proclaimed ratified July 28, 1868. It defined the qualifi- 
cations for citizenship, denied to persons in rebellion the 
right to hold office, and declared that no person shall be 
deprived of life, liberty or property, except by due process of 
law. The XVth Amendment was declared ratified March 
30, 1870. It extended the right of suffrage to persons for- 
merly slaves and to their descendants. 

9. Divisions of the Government. — The Constitu- 
tion divides the Government of the United States into three 
branches, — the executive, the legislative, and the judicial. 
Each is separate and independent of the others, yet checks 
may be imposed by any branch upon the other two. All are 
of equal rank and importance. None is subordinate. 

Questions on Chapter II. 

1. What is the fundamental law of our land? (5) 

2. Suppose a law is in conflict with the Constitution? (5) 

3. What body is authorized to hold a law void? (5) 

4. How may it then be had? (5) 

5. Length of Constitution? (5) 

6. What does the Union guarantee to each State? (5) 

7. What powers are resei'ved to the States and to the people? (5) 

8. How was the Constitution framed? (6) 

9. Who was the "Father of the Constitution"? (6) 

10. Who wrote the "Federalist"? (6) 

11. What is the preamble? (7) 

12. How many amendments and how adopted? (8) 

13. What force and effect have they? (8) 

14. How many and M^hat are the departments of the Govern- 

ment? (9) 

Topical Outline of Chapter II. 

f I. The supreme law. 



o 

H 
P 

in 
O 



T\^n c r I- Union. 

z. Defines powers of < , q. - 

3. How prepared. 

4. How adopted. 

5. Preamble. 

6. Amendments, 
r I. Legislative "| Independent 

7. Departments, l 2. Executive [> and 

^ i 3. Judicial J Coordinate. 



CHAPTER III. 
THE LEGISLATIVE DEPARTMENT. 

10. Congress. — The legislative powers of the United 
States are, by the Constitution, vested in a Congress, w^hich 
is a lawmaking body composed of two houses, the Senate 
and the House of Representatives. The Senate is some- 
times called the Upper House, and the other the Lower 
House. Congress must meet at least once in each year, but 
may convene oftener by call of the President. A regular 
session begins the first Monday in each December, and all 
the sessions held between the fourth of March of an odd year 
and the fourth of March of the next odd year are called 
"a congress." The first regular session of each congress 
may last one year if the two houses so choose; the second 
regular session ends by law on the fourth of March of each 
odd year. 

11. Senate. — Each State is entitled to two Senators, 
and no more. They are elected by the legislatures of their 
respective States. The senatorial term is six years. If a 
vacancy occur the Governor may appoint a Senator to serve 
until the Legislature meets. Each Senator must be an inhab- 
itant of the State from which chosen, thirty years old, and for 
nine years must have been a citizen of the United States. 
The presiding officer of the Senate is the Vice-President of 
the United States. He appoints no committees, but simply 
presides, and has no vote except when the Senators are 
equally divided. The terms of one third of the Senators 
expire every two years, so that two thirds of its members are 
constantly experienced members. It is therefore practically 
a continuous body. 

12. House of Representatives. — The House is com- 
posed of Representatives elected by the direct vote of the 

9 



lO CIVIL GOVERNMENT OF THE UNITED STATES. 

people. Every State, however small, is entitled to at least 
one Representative. Each organized Territory is entitled to 
one delegate in the House, and such delegate has all the 
privileges of a Representative except that of voting. The 
number of Representatives from each State depends on the 
number of inhabitants it has. Every ten years Congress 
■directs that the census of the people be taken, or that they be 
numbered. It then declares that each State shall be entitled 
to one Representative for a certain number of inhabitants. 
At the present time this unit of apportionment is 173,901, 
and the whole number of Representatives is 357. Usually 
the Legislature divides the State into as many districts as 
there are Representatives to be elected, but sometimes it 
declines to do so, and then each citizen can vote for as many 
candidates as there are Representatives to be chosen from his 
State. A Representative must be twenty-five years old, 
must have been a citizen of the United States for seven 
years, and shall be an inhabitant of the State from which he 
is elected, but need not be a resident of the district for which 
he is chosen, though he usually is. All persons entitled to 
vote for members of the most numerous branch of the State 
Legislature are entitled to vote for Representatives or "Con- 
gressmen," as they are now usually called, though they are 
not so designated in the Constitution. The term of a Repre- 
sentative is two years, and if a vacancy occur another election 
must be held to fill it. The presiding officer of the House 
is the S-peaker. He is elected by the votes of its members. 
He appoints all its committees, and because of his great 
power in shaping legislation, he is, next to the President, the 
most important officer of the Government. 

Congressional Map. — The Congressional districts for 
the State of Missouri, as established by the Legislature by a 
law passed at its special session held in 1892, for a period 



12 CIVIL GOVERNMENT OF THE UNITED STATES. 

of ten years, is shown by the accompanying map. If the 
population of each district is aggregated, it may be seen 
whether the district contains more or fewer inhabitants than 
the Congressional unit. 

13. Like Powers of Both Houses. — Each house 

has the right to make rules for its own government, and to 
judge of the qualification of its members. Each house 
keeps its own journal, and the yea and nay votes can, by the 
request of one fifth of the members present, be entered there- 
on. Neither house can adjourn for a longer time than three 
days without the consent of the other, nor to any other place 
than that in which the two houses shall be sitting. The 
members of each house receive an annual salary of $5,000 
per year, and this amount may be increased or decreased by 
a law of Congress. Besides they receive mileage, or their 
expenses in journeying to and from the capital. 

14. A Law, How Passed. — A majority of the mem- 
bers of each house constitute a quorum to do business, and 
if a bill receive, in each house, the votes of a majority of the 
members present, if such members be a quorum, and is 
signed by the President, it becomes a law. If the Presi- 
dent veto it, that is, refuse to sign it, he shall return it to 
the house in which it has originated, with his objections ; it 
must then receive the votes of two thirds of the members of 
each house before it can become a law. If any bill shall not 
be returned by the President within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless 
Congress by their adjournment prevent its return, in which 
case it shall not be a law. 

15. Impeachments. — It may, sometime, be necessary 
to try a President, or a P^deral judge or other civil officer of 
the Government for treason, bribery, or other high crimes 



THE LEGISLATIVE DEPARTMENT. 



13 



and misdemeanors. Such trials are called impeachments. 
They begin in the House, which makes up a formal charge 
against the accused officer and presents it to the Senate, and 
the Senate tries him. If the President is on trial, the Chief 
Justice presides, but in all other cases the Vice-President may 
pres ide. In any case two thirds of the Senatorspresent must 
vote against the accused before he can be found guilty, and 
if convicted the penalty can go no further than removal from 
office and disqualification from holding a Federal office, but 
the accused officer may be held for trial in a court, just as 
any other person, if he has committed a crime. A Senator 
or Representative may be expelled by two thirds of the mem- 
bers of the house to which he belongs. 

16. Treaties. — The President, by and with the advice 
and consent of the Senate, may make treaties with a foreign 
nation. These usually relate to a settlement of international 
disputes, or to the fixing of the national boundary, or to the 
acquirement of new territory, or to the carrying on of trade 
between citizens of the two countries. But before such 
treaties can be binding they must be approved by two thirds 
of the Senators present in the Senate when they are acted on. 
When treaties are made in this manner they become a part 
of the supreme law of the land and are binding on everyone. 

Questions on Chapter III. 

1. What is Congress, and how composed? (lo) 

2. How often does it meet? (10) 

3. What is '^B. congress?" (10) 

4. How many Senators has each state? (11) 

5. How elected and for how long? (11) 

6. Qualifications? (n) 

7. Vacancies, how filled? (11) 

8. The presiding officer of the Senate and his powers? (11) 

9. Representatives, how chosen? (12) 
10. How many for each State? (12) 



H 



CIVIL GOVERNMENT OF THE UNITED STATES. 



11. Present unit of apportionment? (12) 

12. Are districts necessarj? (12) 

13. Qualifications? (12) 

14. Presiding officer of House? (12) 

15. Name like powers of each house? (13) 

16. How is a law passed? (14) 

17. What is the President's veto? (14) 

18. Where must impeachments originate? (15) 

19. Who tries them? (15) 

20. Can a Congressman be expelled? (15) 

21. What are treaties, and when in force? (16) 



Topical Outline of Chapter III. 



H 
< 

Q 

> 

< 
(J) 

3 

w 



Congress: 

1. Sessions. 

2. Laws, 
how passed. 

(a) Veto. 

(b) After 

Veto. 
3. Impeach- 
ments. 



r 





fi- 


Members. "" 


\ 




1 2. 


Eligibility. 
Election. 


< 


I . Senate 


U- 






4- 


Presiding Officer. 






l5- 


Treaties. 


Like 


2. House 






> Powers 


of 


3. 


Members. 




Represen- 


Eligibility. 
Election. 




tatives. 






U- 


Presiding Officer. 





CHAPTER ly. 
POWERS OF CONGRESS. 

17. Checks. — Every power exercised by the President 
must be given him by ]e.w. All his authority is limited and 
defined by the Constitution and by laws passed by Congress. 
But the powers of Congress are also limited, (i) The Con- 
stitution states for what purpose the Congress may enact laws. 
(2) Besides, the President may veto a bill that the Congress 
attempts to enact into law, and thus may defeat its pas- 
sage. (3) But even after a bill has passed both houses and 
been approved by the President, the Supreme Court may 
stop its enforcement by declaring it in conflict with the Con- 
stitution. So there are three checks on the powers of Con- 
gress: the Constitution, the President and the Supreme 
Court. The Congress, the President, the courts and every 
citizen must alike yield obedience to the Constitution. Con- 
gress, however, does not enforce its laws; it simply enacts 
them to be enforced by the President, his subordinates, and the 
courts. It has power to pass laws on the following subjects: 

18. Revenue. — "77?^ Congi'ess shall Jiave foiver to 
lay and collect taxes ^ duties^ imposts and excises^ to fay the 
debts and provide for the common defense and general wel- 
fare of the U^iited States; but all duties^ imposts and 
excises shall be tiniform throughout the United States.'' 
All revenue bills originate in the House, but the Senate may 
change the tax rates fixed by it. Revenue is the Government's 
spending money. It Is used to pay its officers and debts, 
maintain its army and navy, erect needed buildings, reward 
Its old soldiers with pensions and bounties, and operate Its 
postal system. It Is raised by the sale of the Government's 
land or by some kind of taxation. If it be raised by charges 



1 6 CIVIL GOVERNMENT OF THE UNITED STATES. 

against goods shipped into this country, the tax is popularly- 
called a tariff. A protective tariff is a tax on the products 
of other countries of such a discriminating kind as will pre- 
vent or restrict their competition with products of this country. 
A revenue tai'iff \s a tax on imports, levied solely for obtain- 
ing money to support the Government. Excise duties, or in- 
ternal revenue^ are inland taxes levied upon articles of home 
manufacture and sale, upon licenses to pursue certain trades or 
deal in certain commodities, upon special privileges, etc. 

19. To Borrow Money. — '■'■The Congress shall have 
-power to borrow money on the credit of the United 
States." Congress can also increase its revenue by author- 
izing the President to issue and sell Government bonds. 
These bonds then become debts that must, at some future 
time, be paid, and the money with which to pay them must 
be raised by taxation upon the people. The bonds, if pay- 
able wdthin a certain number of years, bear interest, but if 
they are payable "on demand" or whenever presented to the 
Treasury they do not usually bear interest, and in this form 
are sometimes called "Treasury notes," because they are 
much like ordinary promissory notes given by private citi- 
zens. Some of these notes are sometimes called greejtbacks 
because they were printed on green paper. By an act of 
Congress these greenbacks have been made to do the work 
of money, and are often called "legal tender notes." The 
most of these bonds and notes, now amounting to over a 
billion dollars, were first issued to obtain money with which 
to carry on the Civil War. 

20. To Regulate Comnierce. — ''•The Co7igress shall 

have pozver to regulate com7nerce with foreign nations., 
and amo7ig the several States., and with the Indian tribes.'''' 
The trade W\\h foreign nations is largely regulated by estab- 
lishing custom-houses and ports. The law requires ships, 



TO WEBS OF CONGRESS. 



17 



bringing foreign goods into this country, to land at certain 
ports, at each of which is a custom-house, through which all 
these foreign goods must pass before they can be sold to the 
inhabitants of this country. The President appoints an 
officer, called the collector of the port, to superintend the 
collection of the customs, dues or imposts at each of these 
ports, and he in turn appoints many assistants, all of whom 
are governed by rules and laws provided by Congress. 

21. Naturalization and Bankruptcies. — ''T/ze 

Congress shall have ^ower to establish an uniform rule of 
naturalizatio7i ^ and unifor?72 laws o?i the subject of bank- 
ruptcies throughout the United States.'^ (i) Naturaliza- 
tion *is the act of a foreigner in becoming a citizen of the 
United States. It is renouncing allegiance to some other 
government and pledging allegiance to ours. Usually a for- 
eigner who has resided in this country five years and who 
takes an oath to support the Constitution and laws of the 
United States and of the State in which he lives, can become a 
citizen and has the right to vote. (2) Bankruptcy laws pre- 
scribe the method by which persons w^ho have failed in busi- 
ness may be relieved of further liability for their existing 
debts. Congress has passed few bankruptcy laws, and those 
which it has enacted have not met with general approval. 

22. Money. — '•'-The Co^zgress shall have power to coin 
money ^ regzdate the valzie thereof and of foreign coin., and 
fx the standard of wi eights and measures^^^ The ?noneys 
(i) of the United States have always been gold and silver 
coins. But these have never been sufficient in amount to do 
the w'ork required of a medium of exchange, and conse- 
quently, at various times, Congress has provided for tem- 
porary or emergency money to supplement these coins. 
These emergency moneys are (a) bank notes and (b) green- 
backs or (c) other Treasury notes. Only Congress has the 

2 



1 8 CIVIL GOVERNMENT 01 THE UNITED STATES. 

power to coin money. The Constitution says that "no State 
shall have power to coin money, emit bills of credit, or make 
anything but gold and silver coin a tender in payment of 
debts." The unit of value is the dollar. At the present 
time the silver dollar contains 2>7^% grains of pure silver. 
It has had this number of grains ever since the passage of 
the first coinage act on April 2, 1792. The gold dollar was 
first authorized to be coined in 1849, and its coinage was 
stopped in 1890. It had 23.2 grains of pure gold. The 
gold eagle, or ten-dollar gold piece, has 232 grains of pure 
gold.. The other gold coins are a double eagle or twenty 
dollars, a half eagle or five dollars. The other silver coins 
are half dollars, quarters and dimes. Standard metal is the 
product after the pure metal has been mixed with copper or 
other alloy, which must be added in order to make the coin 
hard and unbending. It is from the standard metal that the 
coins are made. Each coin is now about nine tenths pure or 
"fine," and one tenth alloy. The standard silver dollar, 
therefore, contains 412)^ grains of standard silver, and the 
gold eagle 258 grains of standard gold. It will be observed 
that the silver dollar contains almost exactly sixteen times as 
many grains as the gold dollar. This is what is meant by 
the ratio of the coins being 16 to i. The ratio was by the 
first coinage law 15 to i, the law providing that "every fifteen 
pounds w^eight of pure silver shall be of equal value, in all 
payments, with one pound weight of pure gold." This 
ratio was changed in 1834 to 16 to i, by decreasing the size 
of the gold coins, the gold eagle being reduced from 247 J^ 
to 232 grains of pure gold. It could also be changed by 
increasing or decreasing the number of grains in the silver 
coins. (2) American citizens in settling the balances of 
their trade with foreigners often acquire the coins of other 
nations. Our Constitution says that Congress shall have 
power to regulate the value of these coins ; that is, to declare 



POWERS OF CONGRESS, 1 9 

their relative value to our dollars. These foreign coins were 
formerly of great service in our domestic commerce. (3) The 
Congress can also fix the standard of weights and measures. 
It may declare how many inches shall be a yard, how many 
cubic inches shall be a bushel, or how many pounds shall be 
a bushel of wheat, but the States still regulate these matters 
in large measure, the Congress establishing such standards 
for use in collecting duties, but for few other purposes. 

23. Counterfeiting. — "-The Congj-ess shall have 
power to provide for the punishment of counterfeiting the 
securities and ctcr rent coin of the United States.'^ Coun- 
terfeiting is the making or uttering of spurious or imitation 
money or bank notes, Government bonds, and other public 
securities for the payment of monev. It has been a crime 
in every age. Severe penalties are justly provided for 
counterfeiting in this country. 

24 . Postal Department. — ' ' The Coiigress shall have 
power to establish post ofices and post roads. '^^ This has been 
done. A uniform system for carrying letters, papers and 
other small articles to any part of our country and also to 
foreign countries, has been provided. The head of this 
department is the Postmaster General. Under his supervi- 
sion are many thousands of postmasters, postal clerks and 
mail carriers. The expenses of the department are largely 
met by selling stamps and by other small postal charges. 

25. Patents and Copyrights. — '■'-The Congress 

shall have power to promote the progress of science and 
useful arts., by securing., for limited times., to authors and 
inventors the exclusive right to their respective writings and 
discoveries."^ America has surpassed almost all the rest of 
the world in inventing useful devices for man's comfort and 
convenience, and for saving labor. This is largely due to 



20 CIVIL GOVERNMENT OF THE UNITED STATES. 

the fact that Congress, by appropriate laws, has provided for 
giving to the inventor of any useful article a ^^zf^;^/ which 
grants to him, for a term of years, the exclusive right to 
manufacture and sell his invention. A copyright secures to 
an author similar rights to the publication and sale of his 
writings. 

26. Piracies. — '•^Tke Co7tgress shall have power to 
define and pujiish piracies and felonies committed on the 
high seas^ and ofenses against the law of 7tations.^' 
Piracy is robbery at sea. Pirates are usually a band of law- 
less persons, owning various kinds of vessels, that seize and 
rob ships loaded with valuable goods. Unless suppressed, 
they w^ould destroy trade between nations. 

27. To Declare War. — "77^^ Congress shall have 
power to declare war., grant letters of 7narqtte and reprisal., 
and make rules coitcerning captures on land and water. ''^ 
The most civilized nations at times, for self-preservation, 
have been forced to go to war. Only Congress can declare 
war in this country. War is cruel and expensive and should 
never be declared except when the life or honor of the nation 
is in great peril. An incident of war is letters of marque and 
reprisal. Such letters are privileges given by the Govern- 
ment to private citizens to take the property of the enemy as 
a reparation for an injury committed by such enemy upon 
this countrv or its citizens. 

28. Raising and Supporting Armies.— "77^^ Con- 
gress shall have po%ver to raise and support armies., but no 
appropriation of money to that use shall be for a longer 
term, than two years. ^^ To carry on w^ar armies must be had. 
(i) These are usually raised hy a call made by the Presi- 
dent, in obedience to a law of Congress, upon the various 
States for volunteers. The four v^ars this country has had 



POWERS OF CONGBESS. . 21 

prove that the volunteers from the farms and shops make the 
best soldiers, because the most intelligent, loyal and patriotic. 
If volunteer enlistments do not provide a sufficient army, 
Congress may direct a coitscriftion^ called during the Civil 
War a "draft." Then all men of military age, except a 
few^ by law exempt, are enrolled for army duty, and certain 
ones of them are chosen by lot and compelled to become 
soldiers or hire substitutes. (3) The armies are supported 
by money raised by taxation just as all other Government 
expenses are met, except that in times of war taxes are much 
higher and more things are taxed. (3) But lest an excited 
or reckless Congress should lay unnecessary and grievous 
burdens, or lest the army should get beyond the control of 
Congress, it is forbidden to appropriate money for carrying 
on a war for a longer term than two years. Of course, 
at or before the end of that time Congress may make other 
appropriations. The framers of the Constitution felt that a 
great army is always to be dreaded in a republic, and hence 
this provision is made so that the soldiers may be disbanded 
and sent to their homes when the war is over. 

29. Providing a Navy. — "-The Congress shall have 
power to provide and maintain a navy.^^ A navy con- 
sists of warships and their officers and sailors. It fights the 
enemy on sea, as the army does on land. It protects the 
cities and inhabitants along the sea coast from a foreign foe. 
A navy is maintained by taxation just as is the army. Both 
the army and navy are governed by rules and regulations 
provided by Congress. 

30. Insurrections. — ''•The Congress shall have power 
to provide for calling forth the militia to execute the laws 
of the Union^ suppress insurrections and repel invasions. ^^ 
This power has been exercised by Congress. Under it the 
Whisky Insurrection in Western Pennsylvania was suppressed 



22 CIVIL GOVERNMENT OF THE UNITED STATES. 

by President Washington, and under it the Civil War was in 
part carried on. If the people were to resist the decisions 
and authority of the courts, the President, aided by Congress, 
under this provision, could call on the regular army, or the 
militia of a State, in extreme cases, to enforce order and to 
maintain the authority of the Government. The Constitution 
also provides that the United States shall protect each State 
"against invasion and, on application of the Legislature or of 
the Executive (when the Legislature can not be convened), 
against domestic violence." 

31. Militia. — '-'•The Congress shall have power to pro- 
vide for organizing^ arming and disciplining the militia., 
and for governing such part of them as may be employed iit 
the service of the United States., reserving to the States 
respectively the appointment of the oficers, and the authority 
of training the fnilitia according to the discipline presci'ibed 
by Congress.'' In each State there is a military organization 
supported by the State. It is what is above called "militia." 
In this State it is by statute designated as the "Missouri 
National Guard." Its officers are appointed by the Gov- 
ernor, and it is trained and armed according to rules pre- 
scribed by Congress. Sometimes the militia are called into 
the United States service, and then they are governed by 
rules adopted by Congress. 

32. Military Posts and the District of Colum- 
bia. — '-'•The Congress shall have power to exercise exclusive 
legislation., in all case's whatsoever., over such district (not 
exceeding ten ?niles square) as may., by cession of partic^dar 
States., and the acceptance of Co7tgress ., become the seat of the 
Govern?nent of the United States ; and to exercise like au- 
thority over all places purchased., by consent of the Legisla- 
ture of the State in which the same shall be., for the erection 
of forts ^ magazines., arsenals., dock yards., and other needful 



POWERS OF CONGRESS. 23 

buildings.^^ This clause simply means that Congress shall 
have the absolute control over the District of Columbia, 
where is the capital or "seat of government," and over such 
military posts as Jefferson Barracks near St. Louis, and over 
Government buildings, such as post offices, courthouses, and 
custom-houses. It is usual for the States, in giving their con- 
sent to the acquisition by the United States of lands for these 
purposes, to reserve the right to make arrests and to other- 
wise serve civil and criminal process thereon. But no State 
has a right to tax any such buildings or lands, and aside 
from the exceptions named, the States have no authority 
over such places. 

33. To Make Other Laws.— And ''The Congress 
shall have power to make all laws which shall be necessary 
a7td j^roper for carrying into execution the foregoing 
powers., and all other powers vested by this Constitution in 
the Government of the United States^ or in any depa7'tment 
or officer thereof .'^ This clause seems to give to Congress 
an undefined limit to its powers. It says that Congress shall 
have power to pass any laws which may be deemed neces- 
sary and proper for enforcing the powers already recited in 
this chapter, but it leaves to the Government itself the right 
to determine what is "necessary and proper." It was, in 
part, because of the wide latitude given by this language 
that the first ten amendments were added to the Constitution, 
which recite in a few words certain powers that the Govern- 
ment shall not undertake to exercise. These amendments 
do not contradict the Constitution as originally framed ; they 
simply make more definite the powers of the Government 
and the rights of the citizen. 



34 CIVIL GOVERNMENT OF THE UNITED STATES. 
Questions on Chapter IV. 

1. What body originates laws? (17) 

2. What checks on Congress in reference to laws? (17) 

3. And on the President and the courts? (17) 

4. What powers has Congress in reference to revenue? (18) 

5. Where do revenue bills originate? (18) 

6. What is revenue? (18) 

7. What is it used for? (18) 

8. How raised? (18) 

9. What is a tariff? (18) 

10. A protective tariff? (18) 

11. A revenue tariff ? (18) 

12. What is internal revenue? (18) 

13. What body can borrow money? (19) 

14. What are bonds? (19) 

15. How paid? (19) 

16. How many and what kinds? (19) 

17. What are greenbacks? (19) 

18. What is the amount of the national debt? (19) 

19. What is said about regulating commerce? (20) 

20. How is trade with foreign nations regulated? (20) 

21. What is said about naturalization and bankruptcies? (21) 

22. What is naturalization? (21) 

23. What is a bankruptcy law? (21) 

24. What power has Congress as to moneys? (22) 

25. What have always been moneys? (22) 

26. What power has a State over money? (22) 

27. Name emergency moneys? (22) 

28. The unit of value? (22) 

29. Howmany grains in the silver dollar? In the gold dollar? (22) 

30. What are the other gold coins? (22) 

31. What are the other silver coins? (22) 

32. How do you get the ratio of 16 to i? (22) 

33. How was the ratio changed? (22) 

34. How may it be changed? (22) 

35. How does Congress regulate foreign coins? (22) 

36. How fix a standard of weights and measures? (22) 

37. What is counterfeiting? (23) 

38. What is said about the postal system? (24) 

39. What does the Constitution say about patents? (25) 



POWERS OF CONGRESS. 25 

40. What are patents? (25) What are copyrights? (25) 

41. What does the Constitution sav about piracies? (26) 

42. What are pirates? (26) 

43. What only can declare war? (27) 

44. What is said of war? (27) 

45. What are letters of marque and reprisal? (27) 

46. How does Congress raise armies? (28) 

47. How support them? (28) 

48. For how long? (28) 

49. What is a navy? (29) 

50. What does the Constitution say about creating a navy? (29) 

51. What does it say about insurrections? (30) 

52. How has this power been exercised? (30) 

53. What does it say about militia? (31) 

54= What are the Missouri militia called? (31) 

55. What does it say about District of Columbia, etc.? (32) 

56. And the power of Congress to make other laws? (33) 

57. What have you to say about this? (33) 

Topical Outline of Chapter IV. 

r I. Constitution. 
I. Checks, i 2, President. 



3. Courts. 



2. To Raise Revenue. 



1. Tariffs. 

2. Excises. 



Bonds, 
3. To Borrow Money. <! 2. Greenbacks. 



3, Other Treasury Notes. 



fi. Custom-houses. 
4. To Regulate Commerce. • 2. Ports, 
fc I 3. Collectors. 

'^ ^ 5. Naturalization. 

6. Bankruptcies 

r I. Coins. 

7. To Coin and Regulate Money. < 2. Emergency Money 



8. Postal Department. 

9. Patents and Copyrights. 

10. Piracies. 

11. To Declare War. 

12. Armies. 

13. Navies. 

14. Insurrections. 

15. Militia. 

16. Military Posts, etc. 

^ 17. To Make Other Necessary Laws. 



3. Weights, etc, 



CHAPTER V. 

LIMITATIONS UPON THE POWERS OF CONGRESS. 

34. General Remarks.— There is a tendency in all 
governments, as they become great and strong, to draw unto 
themselves powders that make them tyrannical and oppressive. 
This is the natural temptation of great power. It must be 
guarded against. It was to guard against this danger that 
Congress and the States were forbidden by the Constitution to 
do certain things. The most of these prohibitions are enu- 
merated in this chapter. 

35. Habeas Corpus. — "-The pHvUege of the writ 
of habeas corpus shall 72ot be suspended^ unless when ^ in cases 
of rebellion or invasion^ the 'public safety may require it."" 
Where one has been improperly imprisoned before trial, or 
is deprived of his liberty contrary to law, he is entitled to 
the writ of habeas corpus. If he has been convicted under 
a law that is unconstitutional or that has been repealed, he 
can apply to the higher court for relief without the delay and 
expense of an appeal. These words, habeas corpus, are 
Latin words meaning, "Have you the body," and the writ 
of habeas corpus is a summons to a sheriff or marshal direct- 
ing him to produce the body or person of the accused before 
the court. forthwith, and then the court at once decides 
whether one can be imprisoned or deprived of his liberty 
under the charge on which the accused is held. The court 
does not decide the question of his guilt or innocence ; it 
simply decides whether or not the law will permit one to be 
punished for doing that which the accused is charged with 
having done. This is an honored writ in all higher Ameri- 
can courts, and that fact is a proof of the steadfast regard of 
our Government for liberty and human rights. 

26 



LIMITATIONS UPON CONGRESS. 



27 



36. Bills of Attainder and Ex Post Facto Laws. 

'■'■ JVo bill of attainder or ex post facta lazv shall be passed'' ' 
either by Congress or by any State. A bill of attainder is 
a legislative act that inflicts punishment without judicial trial. 
It is a bill, brought into Congress or a Legislature, that con- 
demns to punishment the person named, without a sentence 
or trial of a court. It may affect the life of an individual, or 
it may confiscate his property, or both. Formerly bills of 
attainder were passed by Parliament in England, and the per- 
son thus punished was said to be attainted; that is, his blood 
was said to be corrupted, he could neither acquire property nor 
transmit it to his children, and he was denied the protection 
of the laws. Such a bill would be contrary to the Con- 
stitution. No humane people would uphold it. It is an 
instrument of oppression and tyranny. Ex post facto \2iSN^ 
are equally unfair. They make an act a crime against which 
there was no law when the act was committed. They de- 
clare certain conduct to be criminal and provide punishment 
for any person who has been guilty of that conduct at any 
time in the past. The United States Supreme Court has 
declared the laws of some States to be ex post facto laws. 
It so declared the test oath sections of the Constitution of 
Missouri of 1S65, which provided that men, who in the past 
had been guilty of certain things, could not preach, practice 
law, or follow certain other pursuits. 

37. Capitation Tax. — '-'No capitation or other direct 
tax shall be laid., unless in proportioit to the census 07" 
enumeration hereinbefore directed to be taken J*^ This is 
an extensive prohibition. A capitation tax is so much tax 
for each inhabitant. A direct tax is one levied upon the 
property itself, like a tax on land for instance. The State 
can levy such taxes as these, but the Congress can not, unless 



28 CIVIL GOVERNMENT OF THE UNITED STATES. 

it first apportions to each State its share of the whole amount 
to be raised, according to the number of inhabitants thereof. 

38. Exports and Commercial Relations. — Con- 
gress can not assess duties against exports. All products 
shipped out of this country go out free of charge. The Con- 
stitution provides that ti' ad e among States shall be absolutely 
free; that is, that no State can impose any tariff or other 
duties upon goods coming into it from another, and that no 
vessel bound to or from one State is obliged to clear, enter or 
pay duties in another. But Congress does undertake to 
regulate the charges by railroads, for shipping commodities 
from one State to another, and for this purpose it has passed 
interstate commerce laws, and established the Interstate 
Commerce Commission to see that illegal charges are not 
made. 

39. Using Public Money. — "-No money shall be 
drawn from the Treasury but iii consequence of appro- 
priatio7ts made by law.'''' The money in the Treasury has 
been taken from the people to support the Government, and 
it is a crime to use it for any other purpose than as Congress 
directs. 

40. Titles of Nobility and Presents.— "iVb title 

of nobility shall be granted by the United States., and no 
person holding a7ty ofice of prof t or trust U7tder them shall., 
without the consent of the Congress., accept of any present., 
emoluiJiejit., office or title., of any kind whatever ., froin any 
king., prince or foreign State. ^^ (i) Titles of nobility are 
such as lord, earl, duke, sir, baron, count, princess, and 
duchess. In other countries they are granted by the monarch. 
Here they are forbidden. This is the natural sequence of 
our doctrine of equal rights. To recognize them by law 
would be to create ranks among the people, one with higher 



LIMITATIONS UPON CONGRESS, 



29 



privileges than another. (2) An officer of the Government 
can not accept p7'esents from a foreign nation or any officer 
thereof without consent of Congress. To do so might les- 
sen his loyalty to his own country. All American officers 
are servants of the people and they are to so conduct them- 
selves as to render the people the best service possible. If 
they could freely accept of lavish presents from foreign 
nations, their affections might be divided between such 
nations and their own country. 

41. Religious and Civil Liberty. — The 1st 
Amendment to the Constitution is: '■'■Congress shall make 
no law respecting an establishfiient of religion^ or prohibit' 
ing the free exercise thereof; or abridging the freedom of 
speech or of the press ^ or the right of the people peaceably to 
assemble^ and to petition the Govei^ntnent for a redress of 
grievances .' ' Prior to the Revolutionary War the citizens of 
some of the colonies had been taxed to maintain a church 
which had been imposed upon them by a foreign government 
to which they were subject. This part of the Constitution 
absolutely prohibits such taxation. But on the contrary it 
allows all men to adopt and practice such religion as they 
may severally choose. It, then, entirely separates Church 
and State. Freedom of speech, freedom of the press, free- 
dom of assemblage, and freedom of remonstrance are some 
of the tests by which a people's liberty is measured. Most of 
the States have laws on these subjects, by which such free- 
dom is narrowed to bounds of decency. If the speech of a 
citizen or the writings of an editor become so indecent and 
slanderous as to be libelous, he may be sued for damages, 
and in extreme cases, fined and imprisoned. But unless 
one's speech or writing disturbs another's peace, or is so 
indecent and false as to amount to malicious libel, or is 
obscene, the courts will not punish him for crime, but will 



30 CIVIL GOVERNMENT OF TEE UNITED STATES. 

permit the injured party to seek redress for the injury done 
him by a suit for damages. 

42. Right to Bear Arms.— "^ well regulated militia 
being necessary to the security of a free State., the right of 
the people to keep and bear artns shall not be infringed.''"' 
This is the Ilnd Amendment. It permits a citizen to carry 
a gun for any lawful purpose, or to keep it in his house, but 
it also permits the enforcement of laws that prohibit the car- 
rying of concealed weapons. 

43. Quartering Soldiers. — '■'■No soldier shall^ in 

time of peace., be quartered i7t any house without the co7zsent 
of the ozu72er^ nor in time of war but in a manner to be pre- 
scribed by law.' ^ This prohibition is the Ilird Amendment, 
and is in keeping with the old law maxim that "a man's 
home is his castle" — a place that is not to be invaded except 
by lawfully authorized officers or soldiers. It is also in 
keeping with the Constitution of Missouri that declares that 
the military shall be in strict subordination to the civil power. 
This is right. A soldier is a man armed for the purpose of 
upholding the Government, but the Government is for the 
purpose of protecting the citizen in his rights. 

44. Personal Security. — The IVth Amendment ap- 
plies to peace officers and courts, almost as the IlIrd applies 
to soldiers. It is: '-'■The right of the people to be secure in 
their persons., houses., papers and effects against unreasona- 
ble searches and seizures shall not be violated^ and 7io zuar- 
rants shall issue but ttpon probable cause., supported by oath 
or affirmation., and particularly describing the place to be 
searched and the persons or things to be seized.^' Officers 
are for the purpose of preserving the peace, not disturbing 
it. No private person can be molested, in anywise, by any 
officer, unless he has violated some law or unless there is a 



LIMITATIONS UPON CONGRESS. 



31 



probable cause for believing he has ; and if any officer is 
guilty of oppression, or of unlawfully making arrests, he is 
liable to be removed from office and to be made to pay for 
the damages done. 

45. Excessive Punishments. — The Vlllth Amend- 
ment is: '''■Excessive bail shall not be required.^ nor excess- 
ive fines imposed., nor cruel and unusual punishments in- 
flicted.^^ (i) Bail is the security or bond given by one 
who has been arrested for crime, that he v/ill, if released for 
the present, appear at the place and time fixed for his trial. 
If he cannot give bail, he Is committed to jail to await trial. 
If he gives bond and flees, his bond is forfeited. All except 
the very highest crimes, are bailable offenses in America. 
(2) Branding persons with hot irons, cutting off their ears 
and pressing their thumbs in a vice are cruel punishments, 
and are not permitted. 

46. Rights Retained. — The IXth Amendment is: 
'"'•The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. ^^ This article clearly recognizes that the peo- 
ple are the source of the Government's power. It says that 
they have other rights besides those recited in the Constitu- 
tion, and that the fact that certain of their rights are enu- 
merated therein should not be held to deny them others not 
so enumerated ; for there are certain rights retained by the 
people. There it is in the organic law, and there it will 
remain forever, unless the people voluntarily surrender it. 
What a high heritage is our Constitution! 

47. Reserved Powers. — ^'' The powers not delegated 
to the United States by the Coizstitutioit., nor prohibited by 
it to the States., are reserved to the States respectively., or to 
the people.^'' This is the Xth Amendment. The Union is 



33 CIVIL GOVERNMENT OF THE UNITED STATES. 

under the same obligation to refrain from trespassing upon 
the powers retained by the States, that the States are to 
submit to the powers delegated to the Union. Neither 
has the right to deny or trespass upon the powers of the 
other.^ Our dual form of government — by the States and by 
a Union of the States — conserves the peace of society and 
preserves the rights of the citizen far better than either the 
State or Union alone could do. Both are necessary. 

48. Slavery Prohibited. — '-''Neither slavery nor in- 
voluntary servitude^ except as a -punishment for crime 
whereof the party shall have been duly convicted ^ shall exist 
within the United States or aity place subject to their 
jurisdiction.^^ This is the Xlllth Amendment, and was 
proclaimed ratified December i8, 1865. Had it been put 
into the original Constitution the Civil War would never 
have been fought, but had the Constitution contained such a 
clause it is doubtful if the Union could ever have been 
formed. Nothing was said about abolishing slavery by the 
convention that framed it. On the contrary, the Constitution 
contained a provision, which, by this amendment, has been 
repealed, that Congress could not prohibit the importation 
of African slaves prior to 1808, and declared that this pro- 
vision could not be amended until after that time. But the 
abolition of slavery has removed the only serious conflict that 
ever existed between the States and the Union, and now their 
relations promise only peace and harmony for the future. 
John B. Henderson, then United States Senator from Mis- 
souri, was the author of the Xlllth Amendment. 



LIMITATIONS UPOX COXGEESS. 



33 



Questions on Chapter V. 



1. What is the tendency of governments? (34) 

2. How is this tendency met by the Constitution? (34) 

3. What does the Constitution say about habeas corpusf (35) 

4. Explain what is meant by Jiabeas corpusf (35) 

5. What is the next prohibition? (36) 

6. What is an ex post facto law? (36) 

7. Give an example of ex post facto law. (36) 

8. Are such laws just? (36) Why? (36) 

9. What taxation is denied the Union? (37) 
ro. What is a capitation tax? (37) 

11. What is a direct tax? (37) 

12. Can a State levy such taxes? (37) 

13. How about trade among the States? (38) 

14. Can Congress regulate railroad rates? (38) 

15. How can money be taken out of the Treasury? (39) 

16. W^hat is the next prohibition? (40) 

17. Name some titles of nobility? (40) 

18. Why are they prohibited here? (40) 

19. Why are presents to officers prohibited? (40) 

20. What is Amendment I? (41) 

21. Can you be taxed to support a church? (41) 

22. What religion can you exercise? (41) 

23. Does this amendment apply to laws inade by the States? (41) 

24. What abridgments of speech and press are there? (41) 

25. What is Amendment II? (42) 

26. Can the carrying of concealed weapons be prohibited? (42) 

27. What is Amendment III? (43) 

28. W^hat can you say about it? (43) 

29. For what purpose is a soldier? (43) 

30. For what purpose is the Government? (43) 

31. What is Amendment IV? (44) 

32. What is Amendment VIII? (45) 

33. What have you to say about cruel punishments? (45) 

34. What is Amendment IX? (46) 

35. What is the source of our Government? (46) 

36. How can this be taken from them? (46) 

37. What is Amendment X? (47) 

38. What mutual obligations of Union and States? (47) 

3 



34 



CIVIL GOVERNMENT OF THE UNITED STATES. 



39. Are we weaker or stronger because of dual government? (47) 

40. What is Amendment XIII? (48) 

41. When was it proclaimed? (48) 

42. Suppose it had been put into the original Constitution ? (48) 

43. But could the Union have been formed? (48) 

44. What provision on slavery had the Constitution? (48) 

45. Who was the author of Amendment XIII? (48) 



Topical Outline of Chapter V. 



Limitations Upon The , 
Powers of Congress. ' 



1. Habeas Corpus. 

2. Bills of Attainder. 

3. Ex Post Facto Laws. 

4. Capitation Tax. 

5. Direct Taxes. 

6. Export Duties. 

7. Interstate Commerce. 

8. Using Public Money. 

9. Titles of Nobility. 

10. Religious and Civil Liberty. 

11. Right to Bear Arms. 

12. Quartering Soldiers. 

13. Personal Security. 

14. Excessive Punishments. 

15. Rights Retained by the People. 

16. Reserved Rights of the States. 

17. Slavery Prohibited. 



CHAPTEE VI. 

THE EXECUTIVE DEPARTMENT. 

49. The President. — '•'■The executive power shall be 
vested in a Presidetzt of the United States of America.^ ^ 
He is the chief officer of the Government. His term is four 
years and he is eligible to reelection as often as the people 
may desire to elect him. No man has ever been President 
longer than two terms. 

50. His Qualification. — He must be a natural born 
citizen of the United States, at least thirty-five years old, and 
have been for fourteen years a resident within the United 
States. The qualifications of the Vice-President are the 
same. He and the President can not be citizens of the same 
State. . 

51. Vacancy and Salary. — In case of the death or 
removal or resignation of the President, the office devolves 
on the Vice-President, who fills out the remainder of his 
term. If both should die, the vacancy is filled by the mem- 
bers of the President's Cabinet in the order of their rank, 
beginning with the Secretary of State. The President's sal- 
ary can not be increased or diminished during the period for 
which he was elected. At the present time this salary is 
$50,000 per year, and besides this amount the appropria- 
tions made for supporting tLe executive mansion amount. to 
about $65,000, but the President receives no part of such 
appropriations. 

'52. How Elected. — The people do not vote directly 
for the President and Vice-President. They are elected by 
electors chosen by the people of the respective States, each 

35 



36 CIVIL GOVERNMENT OF THE UNITED STATES. 

State being entitled to as many electors as it has Senators 
and Representatives in Congress. These electors are chosen 
by the vote of the people, on the first Tuesday after the first 
Monday in November in each leap year and each centennial 
year. They meet in their respective States and vote by ballot 
for President and Vice-President, and make a list of all per- 
sons voted for as President and a separate list of those voted 
for as Vice-President, and of the number of votes for each, and 
send such list, sealed, to the president of the Senate, which 
officer in the presence of the Senate and House opens the 
lists and causes the votes to be counted. The person who 
has the majority of all the votes cast for President is declared 
elected. If no person have such majority, the election of a 
President then devolves on the House of Representatives, 
the vote being taken by States, each State being entitled to one 
vote, and the person who receives the vote of a majority of the 
States is declared elected, and if no person receive such 
majority by the fourth of March the Vice-President shall act 
as President till the House does elect. When the election 
devolves on the House its choice must be made from the per- 
sons, not exceeding three, who received the highest number 
of the votes of the electors. Twice since the formation of 
the Union the President has been elected by the House of 
Representatives. The first time was in 1801, when Thomas 
Jefferson was elected, and the next was in 1S25 when John 
Quincy Adams was chosen by that body. If no person 
receive a majority of the electoral votes cast for Vice-Presi- 
dent, the election devolves on the Senate, which makes choice 
from the two highest numbers on the list, and the person 
receiving the vote of a majority of all the Senators shall be 
Vice-President. This method of electing the President is 
prescribed in Amendnient XII^ which was declared ratified 
September 35, 1S04. It was adopted because of the unsat- 
isfactory method prescribed by the original Constitution. By 



THE EXECUTIVE DEPARTMENT. ^y 

that method each Presidential elector voted for two candi- 
dates for President on the same ballot, and the one who 
obtained the highest number of votes, if such were a major- 
ity, was to be President, and the person obtaining the greatest 
number of votes after the choice of the President was to be 
Vice-President, whether such number were a majority of the 
electoral vote or not. In 17S9 John Adams received 34 
votes for Vice-President, when the total number of electors 
was 73, yet according to the Constitution, as it was then, he 
was elected. In iSoo Thomas Jefferson and Aaron Burr 
each received 73 votes, which was the highest number of 
votes received by any candidate. The election of a Presi- 
dent, therefore, devolveci* on the House of Representatives. 
Had the electors been permitted to vote for one person for 
President, and another for Vice-President, the electoral col- 
lege would have made a choice. Before the election in 1804 
the Xllth Amendment was adopted, according to which 
Presidents and Vice-Presidents have since been elected. 

53. Powers and Duties. — The President shall be ( I ) 
commander-in-chief of the army and navy. (2) He shall have 
power, by and with the advice and consent of the Senate, 
to make treaties, provided two thirds of the Senators present 
concur. (3) He shall appoint ambassadors, ministers, con- 
suls, judges of the Supreme Court, and all other officers of 
the United States whose appointment is not otherwise pro- 
vided for, but such appointments must be made by and with 
the advice and consent of the Senate; that is, they must be 
confirmed by that body to be valid ; and Congress, by law^, 
may vest the appointment of inferior officers in the President 
alone, in the heads of the departments, or in the courts. (4) 
He shall, by message or otherwise, give to the Congress 
information of the state of the Union, and (5) recommend to 
their consideration such measures as he shall judge necessary. 
(6) He may, on extraordinary occasions, convene both 



38 CIVIL GOVERNMENT OF THE UNITED STATES. 

houses, or either of them, in extra session, and (7) it they 
can not agree upon a time of adjournment, he may adjourn 
them to such time as he may think proper. (8) He shall 
receive ambassadors and other public ministers from other 
nations. (9) He shall take care that the laws be faithfully 
executed, and he (10) shall commission all officers of the 
United States. 

Questions on Chapter VI. 

1. In whom is the executive power vested? (49) 

2. What is he? (49) 

3. What is his term? (49) 

4. Can he be reelected and how often? (49) 

5. The longest period of any Presidency? (49) 

6. What are his qualifications? (50) 

7. What are the qualifications of Vice-President? (50) 

8. What about residence of Vice-President? (50) 

9. Who fills vacancy in Presidency? (51) 

10. What about changing his salary? (51) 

11. What is it? (51) 

12. How and when are the President and Vice-President elect- 
ed? (52) 

13. Suppose no person has a majority of the electoral votes? (52) 

14. How does the House vote for President? (52) 

15. What votes must he obtain there? (52) 

16. Was any President ever chosen by the House? (52) 

17. Suppose no Vice-President is chosen by the electoral col- 
lege? (52) 

18. What is first power given the President by the Constitu- 
tion? (53) 

19. What is the second? (53) 

20. By whom must treaties be approved? (53) 

21. What is the third power given him? (53) 

22. Can the power of appointment be taken from him? (53) 

23. Can he appoint whom he pleases? (53) 

24. What are the fourth and fifth pov^ers given him? (53) 

25. May he convene and adjourn Congress? (53) 

26. What is the eighth privilege given him? (53) 

27. What is his chief duty? (53) 

28. And whom does he commission? (53) 



THE JUDICIAL DEPARTMENT. OQ 



Topical Outline of Chapter VI. 

1. Term. 

2. Qualifications. 

3. Vacancy. 

4. Salary. 



The President. 



rj T?! 4. J fi' Electors. Ftives. 

5. How Elected. < ^^ c t-> ^ 

'' y 2. House or Representa- 



6. Powers and Duties. 

7. Vice-President. 



CHxiPTER YII. 

THE JUDICIAL DEPARTMENT. 

54. Where Vested.— "77zg judicial fower of the 
United States shall be vested in one Supreme Courts and in 
szich inferior courts as the Congress may from time to time 
ordain a?id establish,''^ The Supreme Court consists of 9 
Chief Justice and eight associate justices, and this number 
may be increased by Congress. All its sessions are held in 
Washington. Its jurisdiction is almost entirely appellate; 
that is, causes are not begun in it, but in an inferior court, 
and taken to it by appeal. Habeas corptis cases, however, 
may originate in this court, as may, also, cases affecting am- 
bassadors, other public ministers and consuls, and those in 
which a State is a party. The inferior courts are of three 
kinds, and all were established by Congress. They are the 
District Courts, the Circuit Courts and the Circuit Courts of 
Appeals. All these of course are different from courts of 
similar names existing by reason of State law. They^ are 
sometimes called " Federal Courts," while the others are 
called *' State Courts." (1) The District Courts 2iX^ trial 
courts for cases involving violations of the criminal and penal 
statutes of the United States, and cases of admiralty and 
maritime jurisdiction. It is in them that many Federal 



Ao CIVIL GOVERNMENT QF THE UNITED STATES. 

causes are begun. Each has a judge, who is aided by a 
grand jury and a petit jury. There are sixty-three of them 
in the whole country, and two in the State of Missouri, and 
sessions of these courts are held at St. Louis, Jefferson City, 
Kansas City, St. Joseph, Hannibal and Springfield. Next 
to the District Courts are (2) the Circuit Courts. The 
United States are arranged into nine judicial circuits. In 
each are held sessions of the Circuit Court, which may be 
held by one of the justices of the Supreme Court, the Cir- 
cuit Judge or the District Judge of the district, for the trial 
of civil causes or other causes. For each circuit there is, 
also, (3) a Circuit Court of Appeals, the judges of which 
are the same Supreme Court justice, the Appeal Judge of 
the Circuit, and one Circuit Judge. To this court cases are 
taken by appeal from any part of the circuit. (4) The 
Court of Claims^ composed of. five judges, sits in Wash- 
ington to pass upon claims against the United States. 
Under the law the Government can not be sued. But 
it frequently happens that the Government becomes in- 
debted to someone who has rendered it service, or to one 
whose property it has appropriated, or damaged. This court 
investigates such claims, and if it finds them just it so reports 
to Congress, which usually, but not always, makes an appro- 
priation from its revenue to pay them. But the Congress 
has the power to refuse such payment, and neither the Pres- 
ident nor any court can compel Congress or any officer to 
pay any claim against the Government. 

65. Necessity for a Judiciary. — The lack of a ju- 
diciary system was the great weakness of the Articles of 
Confederation, which the Constitution supplanted. They 
left to the State courts the duty of enforcing the laws passed 
by Congress. The result was that one State would decide a 
law to be in force, and another would decide that it was not. 
This produced confusion and made the laws of Congress of 



THE JUDICIAL DEPARTMENT, 41 

little value. They were enforced only in those States most 
desirous of having them and not in those where most needed. 
The framers of the Constitution, therefore, wisely deter- 
mined that the Union needed courts of its own to interpret 
its laws, and that the decisions of such courts should override 
conflicting decisions of any State courts. 

bQ. Check on Congress. — The Supreme Court is a 
constant check on Congress. That body may pass a law 
which this court may easily nullify by declaring it unconsti- 
tutional, and if the President after that persists in enforcing 
it the Congress may impeach him for so doing. It is the 
special duty of this court to guard the Constitution. It must 
decide that all laws in conflict with it, however much desired 
by Congress, are null and void. 

57. Tenure of Of&ce. — Judges of all Federal courts 
are appointed by the President, by and with the advice and 
consent of the Senate. If the Senate refuse to confirm the 
President's appointment, he makes another selection. If the 
Senate approve his appointment, the judge holds office "dur- 
ing good behavior;" that is, he holds office for life, unless 
he voluntarily retires or is removed. For corruption or op- 
pression in office he may be impeached by Congress and 
removed ; and for private crimes he may be tried as any 
other citizen. But aside from these exceptions, he may hold 
oflice during life. If he desires, at the age of seventy years 
he can retire, if he has served fourteen years, and his salary 
continues until his death. It was supposed that if such a 
provision were made for these judges they would be inde- 
pendent and free to do right, without fear or favor, and the 
same idea led to the provision that the salary of no judge 
shall be diminished while he remains in office. His salary 
mav be increased, but it can not be made less than it was at 
the time of his appointment. 



43 



CIVIL GOVERNMENT OF THE UNITED STATES. 



58. Salaries. — The Chief Justice receives $10,500 per 
year; the other justices of the Supreme Court, $10,000 each. 
The smallest salary paid to a district judge is $3,500, and 
usually the amount Is $5,000 or $6,000. The judges of the 
Circuit Courts and of the Circuit Courts of Appeals receive 
$6,000 per annum. All judges are entitled to necessary 
traveling expenses. 

59. Jurisdiction of What Causes. — Usually the 

Federal courts have nothing to do with disputes between cit- 
izens of the same State, nor with punishing violations of the 
laws of any particular State. They concern themselves 
mostly with disputes between different States and disputes 
between citizens of different States. They also settle dis- 
putes between steamship companies, passengers and ship- 
pers, and concerning treaties, consuls, and ambassadors. In 
determining the citizenship of a company which has a rail- 
road running through several States, the courts hold that it 
is a citizen of that State from which it holds its charter of 
incorporation. 

Questions on Chapter VII. 

1. Where is the judicial power vested? (54) 

2. How many Supreme Court judges? (54) 

3. What is the presiding officer called? (54) 

4. What kind of jurisdiction has it? (54) 

5. How many kinds of inferior courts? (54) 

6. Name them. (54) 

7. What are these sometimes called? (54) 

8. Describe the district courts? (54) 

9. What the next courts above district courts? (54) 

10. How many of each and by whom held? (54) 

11. What is said of the Court of Claims? (54) 

12. What was the Aveakness of the Articles of Confederation? (55) 

13. What supplanted these Articles? (55) 

14." What were some of the results under the Articles of Confed- 
eration? (55) 



THE JUDICIAL DEPARTMENT. 



43 



15. How can the Supreme Court be a check on Congress? (56) 

16. What is the special duty of this court? (56) 

17. How long does a Federal judge hold office? (57) 

18. Can he retire? (57) 

19. What was the purpose of these provisions? (57) 

20. How can a judge's salary be decreased? (57) 

21. What are the salaries of judges? (5S) 

22. Does a Federal court try purely State cases? (59) 

23. What disputes do they settle? (59) 

24. Of what State is an interstate railroad a citizen? (59) * 



Topical Outline of Chapter VII. 



The Judicial DeparTxHent. < 



1. Supreme Court. 

2. District Courts. 

3. Circuit Courts. 

4. Circuit Courts of Appeals. 

5. Court of Claims. 

6. Necessity For. 

7. Check on Congress. 

8. How Appointed. 

9. Tenure of Office. 

10. Salaries. 

11. Jurisdiction. 



CHAPTER Till. 

LIMITATIONS ON THE COURTS. 

60. General Remarks. — In Chapter V limitations 
imposed by the Constitution on the powers of Congress and 
Legislatures to pass certain kinds of laws were discussed. 
We now consider the limitations on the authority of the 
courts. They are found in the Constitution and were 
imposed for the purpose of protecting all peaceable citizens 
in their "right to life, liberty and the pursuit of happiness.'^ 

61. Indictment by Grand Jury. — '■'■No fersoit shall 

be held to answer for a capital or otherwise infamous crime 
unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or itaval forces, or in the 
militia, when iit actual service in time of war or public 
danger.''^ This is a part of Amendment V.. A grand jury 
in most State courts is composed of twelve citizens, but in a 
Federal court it consists of "not less than sixteen nor more 
than twenty-three persons." They meet in secret session, 
under oath, and inquire of witnesses summoned before them 
if a crime has been committed, and if so they draw up and 
present to the court a formal charge called an indictment, 
w^hich specifically describes the icrime committed. The 
Vlth Amendment says that "the accused shall enjoy the 
right to be previously informed of the nature and cause of 
the accusation," and this indictment is for that specific pur- 
pose. Such a procedure gives the accused person a chance 
to meet and overthrow the charge, if false. An "infamous 
crime" or a felony is a crime punishable by death or impris- 
onment in a penitentiary, and before one can be convicted 
^4 



LIMITATIONS ON THE COURTS. 



45 



of such a crime in a Federal court, he must first be indicted 
by a grand jury. 

62. Twice in Jeopardy. — '-'-Nor shall any ferson he 
subject for the same offense to be twice fut in Jeopardy of life 
or limb.''^ This means that when the accused has once 
been acquitted by a trial jury he can never be tried again 
for the same offense, however much testimony may be found 
against him. He may be tried again and again until the 
jury finally agrees upon a verdict, but when that has been 
done he can not be tried again except on his own motion for 
a new trial ; if acquitted, of course he will never ask for a 
new trial. Nor is an acquittal always necessary. Techni- 
cally speaking, one is in jeopardy when he is put upon his 
trial upon a valid indictment before a jury properly sworn 
and charged with his deliverance. So that conditions other 
than an acquittal may arise in the progress of a trial, that 
make it impossible to further prosecute the accused. 

63. Self- Conviction. — Another part of the Vth 
Amendment is : "iVo person shall be compelled in any crim- 
inal case to be a witness ^against himself,''^ The accused 
person may, if he choose, testify in his own behalf, and if 
he does that, the State has the right to cross-examine him, so 
as to test the truthfulness of his story; but he can not be 
produced by the prosecution as a witness and tortured into 
testifying against himself. He must voluntarily do so, or 
not at all. 

64. Due Process of Law. — The Vth Amendment 
continues: '■'-JVo person shall be deprived of life ^ liberty 
or property ivithoiit due process of laiv.'^ "Due process of 
law" means according to the settled course of proceedings 
in court. In felony cases it means trial by a jury and the 
right to compel the attendance of witnesses in one's own 
behalf and to be confronted by the accusing witnesses in 



46 CIVIL GOVERNMENT OF THE UNITED STATES. 

open court; in civil cases at law' it means trial by a judge 
and jury, if the amount involved is over twenty dollars and 
either party demands a jury; in equity cases it means a trial 
by the judge alone. It means all the necessary elements that 
enter into a fair trial. 

65. Private Property for Public Use. — The last 

clause of Amendment V is: "TVbr shall private prop- 
erty be takeit for 'public use without just compensation J*^ 
One of the purposes of the Government is to compel men 
to respect the rights of others to enjoy their property; 
but to do this it must itself show that it respects the rights 
of its citizens to their own. Hence, it can not take the prop- 
erty of any citizen without paying him what it is worth. 

^Q. Fair Trials.— The Vlth Amendment is: ''In 
all criminal prosecutioits the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the 
State and district wherein the crime shall have beejz com- 
mitted^ which district shall have been previously ascertained 
by law^ and to be informed of the nature and cause of the 
acczisation ; to be confro7ited with thezvitnesses against him; 
to have compulsory process for obtaining witnesses in his 
favor., and to have the assistance of counsel for his 
defense. ^^ (i) A trial by 2i jury of the district wh^vQ the 
crime is committed has two advantages. In the first place, 
it adds to the strength of society to impose on the people of 
the community where a crime has been committed the duty 
of restoring order. In the next place, the citizens of the dis- 
trict are less likely to be prejudiced against the accused, and 
less likely to be indifferent to his rights, than those far away. 
(3) A just government will insure accused persons a speedy 
trial. In some countries men are thrown into prison for 
small offenses and kept there without trial ten or twenty 
years and even a lifetime. No one knows whether they are 



LIMITATIONS OX TEE COVETS. 47 

guilty or not, and as a result the people look upon the gov- 
ernment as cruel and oppressive. A trial should not be so post- 
poned as to deprive society of protection against criminals, 
nor yet be so hurried as to deny the accused a fair trial. (3) All 
trials should be ■public. If they could be conducted in secret 
the enemies of the accused might so manipulate things as to 
condemn him out of hate, and not for violating a law of the 
land. When the trial is public, and speedy, and the accused 
is condemned by an impartial jury of his own community, in 
the choosing of which he had something to do, justice is more 
likely to be done and the good of society conserved. (4) 
The accused has the right to be confronted with the witnesses 
against him. They meet each other face to face at the trial. 
He can not be tried in his absence. If he escapes, the trial 
must be postponed until he is captured and brought into 
court. This is necessary, lest some advantage be taken of 
him in his absence. (5) The court will also compel wit- 
nesses in his favor ^ if their testimony is shown to be material 
and valuable to him, to come into court and testify, whether 
he be able to pay their expenses or not. (6) The accused 
is also entitled to a lawyer or counsel to assist in his defense. 
If he is poor and unable to employ counsel, the court can 
compel members of the bar to defend him. All these priv- 
ileges are guaranteed to one liable to have his life or liberty 
or property taken from him by the court, which is an arm of 
the Government. The law must avoid every form of cruelty 
and oppression. It needs no victims to prove its strength or 
authority. But if, in spite of all the advantages for proving 
his innocence, an impartial jury of his countrymen declare 
him guilty as charged in the indictment, the accused must be 
punished in order to protect law-abiding citizens in the peace- 
able enjoyment of their right to life, liberty and property. 



48 CIVIL GOVERNMENT OF THE UNITED STATES. 

Questions on Chapter VIII. 

1. Why were limitations imposed on the powers of courts? 

C6o) 

2. Where are these limitations found? (60) 

3. What does the Constitution say about indictments? (61) 

4. What is a grand jury, and an indictment? (61) 

^. What does Amendment VI say of the right of the ac- 
cused? (61) 

6. What is a felony? (61) 

7. What is said about ''twice in jeopardy?" (62) 

8. What does it mean? (62) 

9. Can an accused person be compelled to incriminate himself? 

(63) 

10. What does the Constitution say about due process of law? 

(64) 

11. What do you think that means? (64) 

12. Can private property be taken for public use? (65) 

13. How? (65) 

14. Tell in your own words what Amendment VI says? (66) 
115. From what district should juries be chosen? (66) 

16. Why? (66) 

17. What is said about speedy trials? (66) 

18. And public trials? (66) 

19. Of witnesses and the accused confronting each other? (66) 

20. Of compulsory process for witnesses? (66) 

21. And of his right to counsel? (66) 

22. When and why must the accused be punished? (66) 

Topical Outline of Chapter VIII. 

T J- 4. 4- fi* By Grand Jury. 

Indictments. | ^^ ^^^ Felonies. 



W3 

h 
O 

u 

o 
o 

I— ( 

H 

< 



2. Twice in Jeopardy 

3. Self-incrimination. 

4. Due Process of Law. 

5. Public Use of Private Property. 



T f I. Impartial. 

My 1 2. 



I- J^^y\2. Of State or District. 

2. Speedy. 

6. Fair Trials { 3. Public. 

4. Confronted With Witnesses. 

5. Compulsory Attendance of Witnesses. 

6. Counsel. 



CHAPTER IX. 

MISCELLANEOUS PROVISIONS. 

67. General Provisions. — The Constitution provides 
that citizens of each State shall be entitled to all the privi- 
leges of citizens of the several States. This means that a 
citizen of any other State in coming into Missouri shall have 
the same rights concerning his life, liberty, and property as 
a citizen of Missouri has. The courts enforce contracts 
between a citizen of another State and one of this State with 
the same impartial exactness that they do a contract betvv'een 
two citizens of this State.. This clause protects the right of 
a citizen of one State to pass into any other State in the 
Union for the purpose of engaging in lawful commerce, or of 
acquiring personal property or land therein, or of maintaining 
actions in its courts of law, and also exempts him from 
higher taxes than are imposed by the State upon its own 
citizens. 

68. Fugitives From Justice. — Sometimes persons 

charged or convicted of crime in one State escape to another. 
The Constitution requires that they be delivered up upon a 
requisition from the Governor of the State from which they 
have fled. If this were not the case crimes would rapidly 
increase. If the criminal could escape to another State and 
could not be brought back, he would practically be free. 
But this law insures his return for trial. What are called 
extradition treaties in like manner insure the return of 
criminals escaping to foreign countries. 

69. New States. — A part of Section 3 of Article 
IV of the Constitution is: '•'•JVeiv States may be admitted 

4 49 



CO . CIVIL GOVERNMENT OF THE UNITED STATES. 

by the Congress into this Union; hut no new State shall be 
formed or erected within the jurisdiction of any other 
State., nor any State be formed by the junction of two or 
more States^ or parts of States, without the consent of the 
Legislattires of the States concerned., as well as of the Con- 
gress. ^^ Twelve States took part in framing the Constitution, 
and ten of these had adopted it at the time George Wash- 
ington was elected President in 17S9. Rhode Island declined 
to send delegates to the Constitutional Convention, and did 
not adopt the instrument for thirteen months after the first 
President was inaugurated. North Carolina had not adopted 
it at the time of his inauguration, and New York took no part 
in his election. But by May 29, 1790, all the thirteen original 
colonies had adopted the Constitution, and on January 19, 
1 79 1, Vermont was admitted to the Union, being the first of 
the "new States." Since then thirty-one others have been 
admitted, and now the whole number is forty-five, the last 
admitted being Utah. Both Kentucky and West Virginia 
were formed into new States from territory formerly embraced 
within the jurisdiction of Virginia. And the Platte Pur- 
chase, which, prior to 1836, had not been embraced within 
the jurisdiction of any State, was added to Missouri long 
after this commonwealth had been admitted to the Union. 

70. Public Lands. — '■'•The Congress shall have power 
to dispose of and make all needful rules and regulations 
respecting the territory or other propei'ty belonging to the 
United States.''^ The Government from the beginning has 
encouraged its citizens to buy its lands and make for them- 
selves homes. The usual price of the best land in a State 
like Missouri was $1.25 per acre, but swamp and saline 
lands were sold for much less. The sales of these lands were 
made through the General Land Office at Washington, 
which issued to each purchaser a patent., or a written notice, 



MISCELLANEO US PRO VISIONS. 



51 



Signed by the President, that the Government would protect 
the purchaser against the claims of all other persons. A 
United States patent, therefore, is the best basis one can 
have for a title to his land. In addition to the General I^and 
Office, there are local land officers for the various districts in 
which the Government has land for sale. 

71. Oath of Office. — '-'-The Senat07's and' Representa- 
tives before mentioned^ and the meinbers of the several State 
Legislatures^ and all executive and jztdicial oficers^ both of 
the United States and of the several States^ shall be bound 
by oath or affirmation to support this Constitutio7i ; but no 
religious test shall ever be required as a qualif cation to 
any office or public trust under the United States,'^ (i) 
The oath prescribed by the Constitution for the President is 
in these words: "I do solemnly swear (or affirm) that I 
will faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, protect 
and defend the Constitution of the United States." The 
wording of the oath for other officers varies according to 
their duties, but such oath always includes a pledge to sup- 
port the Constitution of the United States. Some persons, 
as for instance the Quakers, on account of their religious 
beliefs, will not take oaths, and hence they are required to 
"solemnly affirm." (2) The Constitution does not permit 
Congress to prescribe a religious test for office. The Govern- 
ment can not interfere with any man's religion. He can not 
be denied office simply because he adheres to certain religious . 
teachings, nor because he is not a member of any religious 
denomination. 

72. The Supreme Law. — A part of Article VI is: 

'■'•This Constitution^ and the laws of the United States which 
shall be made in pursuance thereof^ and all treaties tnade or 
which shall be made under the authority of the United 



t2 CIVIL GOVERNMENT OF THE UNITED STATES. 

States., shall be the supreme law of the land; and the judges 
in every State shall he bound thereby ., anything in the Con- 
stitution or laws of any State to the contrary notwithstand- 
ing.''' By this clause each State is bound to yield obedience 
to everything in the Constitution, and also obedience to any 
law of Congress if that law is not in conflict with the Con- 
stitution. Not only must each State yield obedience to 
such laws, but it must also be submissive to the Govern- 
ment's paramount authority if that authority conforms to con- 
stitutional laws; and it must not be forgotten that the 
Supreme Court of the United States is given the authority to 
decide whether a law is constitutional or not. 

73. Inhibitions Upon States. — ''No State shall, 

without the consent of Congress, lay any duty of tonnage, 
keep ti^oops or ships of war in time of peace, enter into a?iy 
agreement or compact with another State or with a foreign 
power, or engage in war, unless actttally invaded or in such 
im.m,inent dajtger as will not admit of delay.''' (i) No 
State is permitted to keep a standing army or maintain a 
navy in time of peace. But this prohibition does not deny 
to a State the right to train its militia, as we have seen in 
Section 31. One purpose of the Union was to "insure 
domestic tranquillity." It is the province of the Union to 
settle disputes and conflicts among the States. If a State 
were permitted to keep a standing army and navy, it might, 
in times of excitement, be tempted to go to war with a sister 
State. The Constitution provided that conflicts between 
States might be settled by the Supreme Court. (3) No 
State has the right, without the consent of Congress, to enter 
into a compact or agreement with another State or with a 
foreign nation for any purpose, for such a right, if exercised, 
might lead the State to dispute the paramount authority of 
the Union. 



MISCELLANEOUS FROVISIONS. 



53 



74. Citizenship. — ' ^ All persons bom or naturalized in 
the United States and subject to the jurisdiction thereof are 
citizens of the United States and of the State wherein they 
reside.'''' The main purpose of this clause, which is a part of 
the XlVth Amendment, ratified in 1868, was to extend citizen- 
ship to persons formerly slaves and their descendants. It does 
not extend citizenship to an Indian, although born within the 
United States, because he is not supposed to be "subject to 
the jurisdiction thereof." "A person must reside in a State 
to be a citizen thereof, but it is only necessary that he should 
be born or naturalized in the United States and be subject 
to their authority, to be a citizen of the Union. He may 
reside abroad and still be a citizen of the United States. 

75. Equality of Citizenship. — '^No State shall make 

or enforce any law tvhich shall abridge the privileges or 
immunities of citizejzs of the United States^ nor shall any 
State deprive any person of life., liberty or property with- 
out due process of law^ nor deny to any person within its 
jurisdiction the equal protection of the laws J''' This is the 
remaining part of the first section of Amendment XIV. It 
prohibits any State by law or by official action from dis- 
criminating among its citizens. It does not prohibit private 
citizens from refusing to give to certain persons the same 
accommodations at hotels, in public conveyances and at places 
of public amusement as are enjoyed by others. But it does 
prohibit any State from denying to any citizen the right to 
hold office or of being a juror, because of his color or place 
of nationality. It brings the individual citizen within the 
protection of the Federal courts, so as to protect him from 
all State action which would deprive him of life, liberty or 
property without due process of law. It makes the Supreme 
Court of the United States the final arbiter upon all questions 
as to the constitutionality of legislative and other acts of the 



54 



CIVIL GOVERNMENT OF THE UNITED STATES. 



States in so far as they affect the citizen in his life, liberty 
or property, or deny to him the protection such acts guar- 
antee to other persons. 

76. Universal Suffrage. — The XVth Amendment, 
proclaimed ratified March 30, 1870, is in these words: 
'•'•The right of citizens of the United States to vote shall not 
be denied or abridged by the United States^ or by aiiy State^ 
on account ofrace^ color ^ or previous condition of servitude ^ 
This is the last Amendment. It was made to secure to 
former slaves and their descendants the right to vote. In 
some cases, however, legislatures have adopted an educa- 
tional qualification for voting, and such tests have not been 
held in conflict with this Amendment. 

Questions on Chapter IX. 

1. What does the Constitution guarantee citizens of different 
states? (67) 

2. What does this mean? (67) 

3. In what does this clause protect each citizen? (67) 

4. How can fugitives from justice be taken? (68) 

5. Suppose they escape to a foreign country? (68) 

6. What about new States? (69) 

7. Which was the first State admitted to the Union? (69) 

8. How many States now? (69) 

9. What is the usual price for the best Government land? (70) 

10. What is a patent for land? (70) 

11. What officers must take oath? (71) 

12. To do what? (71) 

13. What is the President's oath? (71) 

14. Why is the word '^affirm" used? \']\) 

15. What about religious tests? (71) 

16. What is the Supreme Law? (72) 

17. Are State judges and officers bound to obey the Constitution 
and laws of Congress? (72) 

18. Suppose they think a law unconstitutional? (72) 

19. What inhibitions upon the States are named? (73) 
■^o. How about standing armies? (73) Why? (73) 



MISCELLANEOUS PEO VISIONS. 55 

21. How about compacts with other States? (73) Why? C73) 

22. Who are citizens? (74) 

23. What residence is necessary? (74) 

24. What equality of citizenship is guaranteed? (75) 

25. What is Amendment XV? (76) 

Topical Outline of Chapter IX. 

r 

General Privileges of Citizens. 
Fugitives. 

r I. Number. 
New States. < 2. West Virginia and Kentucky. 

[3. Platte Purchase. 

o UT T J f !• Patents. 

Public L,ands. J ^ 1 t 1 r^£c 

General Land Oince. 



« 


I.. 





2.. 






C/5 




> 


3- 







Qi 




Oh 




w 


4- 


3 ^ 









H 


_ 


< 


6. 




7. 




8. 


73 
i-i 


9- 


§ 


10. 



3. Other Land Offices. 
Oath of Office. 
Supreme Law. 
Inhibitions on States. 
Who are Citizens. 
Equality of Citizenship. 
Universal Suffrage. 



CHAPTER X. 

EXECUTIVE DEPARTMENTS. 

77. The Cabinet. — The business of executing the laws 
of Congress has been arranged under general divisions. 
These divisions are called executive departments. The work 
of each department is superintended by one chief officer, 
carefully selected by the President. The officers of these 
departments, in the order of their rank, are the Secretary of 
State, Secretary of the Treasury, Secretary of War, Attor- 
ney-General, Postmaster-General, Secretary of the Navy, 
Secretary of the Interior, and Secretary of. Agriculture. 
These officers together constitute what is called the Presi- 
dent's Cabinet. They are his immediate assistants and 
closest advisers. At stated times they meet him in confer- 
ence and discuss the affairs of the nation. No record of the 
proceedings is kept, and from this reason and other intimate 
relations the Cabinet is sometimes called the "President's 
official family." Of course the President exercises a general 
supervision over all the departments, and his orders must be 
obeyed by each Cabinet officer. Each Cabinet officer receives 
a salary of $8,000 per year. 

78. Department of State. — This department has to 
do with the management of ,our foreign affairs and to it 
belongs the duty of superintending foreign ministers, ambas- 
sadors, consuls, and other diplomatic officers and agents. 
They receive instructions from the Secretary of State, who is 
the head of the department, and w^iatever communications 
they make to their home Government are made through him. 
Negotiations for treaties or for the settlement of disputes 
between this and foreign nations are carried on through this 

56 



EXECUTIVE DEPARTMENTS. 



57 



department. In the office of the Secretary of State are kept 
all the official papers of the Presidents and all the original 
laws as passed by Congress, and it is this officer that causes 
these laws to be published. He keeps the great seal of the 
United States, and affixes it to all commissions issued by the 
President. He issues passports to citizens desiring to travel 
abroad, and also passports for American vessels. 

79. The Treasury Department. — The Secretary of 

the Treasury superintends the collection and disbursement of 
public funds. In his keeping are all the Government bonds 
and moneys. He is assisted by auditors, comptrollers, treas- 
urers, collectors of ports, internal revenue collectors and 
thousands of minor officers. In New York, New Orleans, 
St. Louis and several other large cities are branches of the 
Treasury, called sub-treasuries, which have been established 
that the public moneys may be more readily collected and 
disbursed. Connected with this department are also the five 
Government mints at Philadelphia, San Francisco, New 
Orleans, Denver, and Carson, which coin gold and silver 
and minor coins as directed by Congress. 

80. The War Department. — The Secretary of War 
superintends the military affairs of the United States. He 
has the care of providing, by using money furnished by Con- 
gress, for the support, clothing and other military stores of 
the army, and has the control of the construction and repair- 
ing of forts, arsenals and magazines. Besides the militia 
described in section 31, there is a standing army^ which now 
consists of about 35,000 men. This is maintained to protect 
the people against sudden uprisings among the Indians and 
against powerful local disturbances. The chief active officer 
of the army is a lieutenant-general who under instructions 
from the President and Secretary of War has command of 
the entire army. Next there are three major-generals, each 



t?8 CIVIL GOVERNMENT OF THE UNITED STATES. 

of whom is assigned to a department, the whole country 
being divided into "departments," such as the Department 
of the East, Department of the Missouri, and so on. For 
easier management the army is arranged into brigades, regi- 
ments, battalions and companies. First, there are brigades, 
the commander of each of which is called a brigadier- gen- 
eral. Each brigade is composed of a number of regiments^ the 
commanders of which are colonels. A full regiment contains 
about a thousand men. Each regiment may have two bat- 
talions^ each of which is commanded by an officer called a 
major, and battalions are divided into companies^ each of 
which is commanded by. a captain. A full company consists 
of a hundred men. The officers of the army are trained at the 
United States Military Academy at West Point. Each Rep- 
resentative in Congress has the right to appoint a cadet to 
this academy every four years, and the President appoints 
ten at large, and thus the country is constantly supplied with 
men ready to train militia and volunteers in' the science and 
art of war. 

81. The Navy Department. — The navy consists of 

warships, docks and navy yards, and the officers and men in 
the navy service. These vessels are sent into any part of 
the world where an American citizen may need protection, 
or American rights may be impaired. The Secretary of the 
Navy superintends the work to be done by the navy, and 
also superintends the construction of new vessels and the 
purchase of guns, torpedoes and other articles of equipment. 
Next to him, the chief active officer is a rear admiral, and 
besides him there are various other inferior officers, such as 
commodores, captains, lieutenants, masters, and ensigns. 
These are trained at the United States Naval Academy at 
Annapolis, the cadets to which are appointed in the same 
manner as are those to the Military Academy. 



EXECUTIVE DEPAETMENTS, 



59 



Officers of the navy and army receive large salaries, that 
of the lieutenant-general being $11, ooo per year, of a major- 
general $7,500 and of a rear admiral $6,000, besides many 
supplies, and at a certain age any of them may retire and 
still receive three fourths of the salary of an active officer 
of the same rank. 

82. The Department of Justice. — The Attorney- 
General is the chief officer of this department. He is the 
legal adviser of all the other departments. For almost every 
judicial district in the United States there is an attorney and 
assistant attorneys to represent the Government in prosecut- 
ing violators of its laws. When such cases are appealed to 
the Supreme Court, the Attorney-General is then the attorney 
for the United States. 

83. The Post Office Department. — More officers of 

the Government belong to this department than to any other. 
The post offices of the country are divided into four numerical 
classes. All post offices at towns of less than 1000 inhabit- 
ants are called fourth class post offices, and the postmasters 
of such towns are appointed by the Postmaster-General or 
an assistant. The postmasters for all larger towns are 
appointed by the President, and hence these are styled presi- 
dential offices. Appointments are often made upon the 
recommendations of Senators and Representatives. The 
charges for postage depend on the weight and kind of article 
to be carried, the rate for short and the rate for long dis- 
tances being the same. Since the days of raih'oads these 
rates have constantly decreased until now they are scarcely a 
tenth of what they were fifty or seventy-five years ago. 

84. The Department of the Interior. — The work 

of taking the census, of issuing patents to inventors, of sur- 
veying and selling the public lands, of granting and paying 
pensions, belongs to the Interior Department. A -pensioit is 



6o CIVIL GOVERNMENT OF THE UNITED STATES, 

a sum of money awarded to a soldier or officer, or his family, 
for past military or civil service. The pensions annually 
amount to more than a hundred million dollars, and the rais- 
ing of this vast sum of money is one of the chief concerns 
of the Congress. For the more ready payment of pensions 
local agencies are established in several of the larger cities 
of the country. 

85. Department of Agriculture. — This department 
is of recent creation. It was raised to the rank of an execu. 
tive department in 1889, when Norman J. Colman, of Mis- 
souri, was made the first Secretary of Agriculture. It col- 
lects and disseminates useful knowledge relating to agricul« 
ture. It conducts experiments and distributes among the 
people such plants and seeds of garden and farm products as 
these experiments show will be of the greatest usefulness to 
mankind. 

Questions on Chapter X. 

1. Name the Cabinet Officers.? (77) 

2. What are they? (77) 

3. Who supervises every department? (77) 

4. What is the salary of a Cabinet Officer? (77) 

5. What business belongs to the Department of State? (78) 

6. Where are the original acts of Congress kept? (78) 

7. What else does he do? (78) 

8. What are the duties of the Secretary of the Treasury? (79) 

9. By whom is he assisted? (79) 
10. What are sub-treasuries? (79) 

ir. Where are the mints located? (79) 

12. What are they for? (79) 

13. What are the duties of the Secretary of War? (80) 

14. What is the standing army for? (80) 

15. Explain about its officers and divisions. (80) 

16. Where are the officers trained? (80) 

17. How are cadets appointed? (80) 

18. Of what does the navy consist? (81) 



EXECUTIVE DEPARTMENTS. 



6l 



19. What are duties of the Secretary of the Navy? (Si) 

20. Name some of the officers of the navy? (81) 

21. Where are the navel cadets educated? (Si) 

22. What is said about salary of army and navy officers? (81) 

23. What is said about the Department of Justice? (82) 

24. What is a fourth class post office? (S3) 

25. What are all other classes of offices called? (S3) 

26. How are appointments of postmasters made? (83) 

27. What is said about postal charges and mailing rates? (S3) 

28. What business belongs to the Interior Department? (84) 

29. What is a pension? (84) 

30. What is the annual pension account? (84) 

31. What is said of Departments of Agriculture? (85) 



Topical Outline of Chapter X. 



Executive Departments. <[ 



The Cabinet. 
Department of State. 
Treasury Department. 
War Department. 
Navy Department. 
Department of Justice. 
Post Office Department. 
Department of Interior. 
Department of Agriculture. 



INDEX TO CIVIL GOVERNMENT OF THE 
UNITED STATES. 



[The References are to the Sections.] 



Absolute monarchy, 4. 
Adams, John, 52. 
Adams, John Quincv, 52 
Amendment I., 41. 
Amendment II., 42. 
Amendment III., 43. 
Amendment IV., 44. 
Amendment V., 61-65. 
Amendment VI., 66. 
Amendment VII., 64. 
Amendment VIII. , 45. 
Amendment IX., 46. 
Amendment X., 47. 
Amendment XI., 8. 
Amendment XIL, 52. 
Amendment XIII., 48. 
Amendment XIV., 74, 75. 
Amendments, 33. 

date of, 8. 
Annapolis, 81. 
Aristocracy, 4. 
Armies, 28. 
Arms, 42. 
Arsenals, 32. 
Attainder, 36. 
Attorney-general, 82. 

B 

Bail, 45. 

Bankruptcies, 21. 
Bonds, 19. 

c 

Cabinet, 77. 
Capitation tax, 37. 
Circuit courts, 54. 
62 



Circuit courts of appeal, 54. 
Citizenship, equality of, 75. 

of Indian, 74. 

of Negro, 74. 
Citizens, of different states, 67. 

who are, 74. 
Civil liberty, ,41. 
Civil process, 32. 
Coins, 22. 

Collectors of ports, 20. 
Commerce, 20. 
Congress, 10, 

checks on, 17. 

limitations on, 17, 34. 

power to coin money, 22. 

power to make other laws, 33. 

sessions of, 10. 
Congressional map, 12. 
Consent of the people, 2. 
Constitution, 5, 

adopted, 6. 

amendments, 8. 

how prepared, 6. 

preamble, 7. 

the supreme law, 72. 
Copyrights, 25. 
Counsel, 66. 
Counterfeiting, 23. 
Court of claims, 54. 
Courts, 54. 

limitations on, 60. 
Custom-houses, 20. 



D 



Declarations of war, 27. 
Democracy, 4. 

Department of agriculture, 85. 
Department of justice, 82. 



CIVIL GOVEBNUENT OF THE UNITED STATES. 



63 



Department of state, 78. 
Direct taxes, 37. 
District courts, 54. 
District of Columbia, 32. 
Dual government, 47. 

E 

Electors, 52. 

Emergency monej', 22. 

Equal rights, 3. 

Excessive bail, 45. 

Excessive fines, 45. 

Excessive punishments, 45. 

Excises, 18. 

Executive departments, 77. 

Executive power, 49. 

Exports, 38. 

Ex post facto laws, 36. 

P 

Father of the constitution, 6. 

Federalist, 6. 

Fines, 45. 

Forms of government, 4. 

absolute monarchv, 4. 

aristocracy, 4. 

democracy, 4. 

limited monarchy, 4. 

oligarchy, 4. 
Forts, 32. 

Fugitives from justice, 68. 
Fundamental law, 5. 

G 

General land office, 70. 
Gold coins, 22. 
Government, divisions of, 9. 
Grains in a dollar, 22. 
Grand jury, 61. 
Greenbacks, 19, 22. 

H 

Habeas corpus, 35. 

Hamilton, Alexander, 6. 

Henderson, John B., 48. 

Henry, Patrick, 8. 

House of representatives, 12, 52. 



Impeachments, 15. 
Indictment, 61. 
Inferior courts, 54. 
Insurrections, 30. 
Interior department, 84. 
Internal revenue, 18. 
Invasions, 30. 



Jay; John, 6. 

Jefferson, Thomas, 52. 

Jeopardy, 62. 

Judicial department, 54. 

Judiciary, check on congress, 56. 

Judiciary, necessity for, 55. 

Jury, impartial, 66. 



Kentucky, 69, 



Lands, 70. 

Laws, how passed, 14. 
Letters of IVIarque, 27. 
Liberty, i, 41. 
Limited monarchy, 4. 

M 

Madison, James, 6. 

Magazines, 32. 

Marque, 27. 

Military academy, So. 

Military posts, 32. 

Militia. 31. 

Mints, 79. 

Miscellaneous [irovisions, 67. 

Missouri, 69. 

Money, 22. 

N 

National guard, 31. 
Naturalization, 21. 
Naval academy, 81. 

Navy, 29. 

Navy department, 81. 



64 



INDEX TO 



O 



Oath of office, 71 
Oligarchy, 4. 



Patents, 25. 

Patent to lands, 70. 

Pensions, 84. 

People's rights, 46. 

Personal security, 44. 

Piracies, 26. 

Platte Purchase, 69. 

Ports, 20. 

Postal department, 24, 83. 

Postmaster general, 83. 

Post offices, classes, 83. 

Preamble, 7. 

Presents, 40. 

Presidency, 

vacancy in office, 51 . 
President, 49. 

how elected, 52. 

oath of office of, 71. 

powers and duties of, 53. 

qualifications, 50. 

veto of, 14. 
Private property, 65. 
Protective tariff, 18. 
Public lands, 70. 
Public money, 39, 
Public trials, 66. 
Public use, 65. 

Q 

Quartering soldiers, 43. 
R 

Reasons for government, i. 
Regular army, 80. 
Religious liberty, 41. 
Representatives, 

number, 12. 

qualifications, 12. 

salaries, 13. 

term, 12. 



Reprisals, 27. 
Republic, 4. 
Reserved powers, 47. 
Revenue, 18. 
Rights retained, 46. 
Right to bear arms, 42. 

s 

Salaries, judges, 58. 

senators, 13. 
Salary, president, 51. 
Secretary of agriculture, 85. 

of interior, 84. 

of navy, 8r . 

of state, 78. 

of treasury, 79. 

of war, 80. 
Security of person, etc., 44. 
Seizures, 44. 
Self-incrimination, 63. 
Senate, 11, 52. 

presiding officer, 10. 
Senators, number, 10. 

qualifications, 10. 

salaries, 13. 

term, 11. 
Silver coins, 22. 
Slavery prohibited, 48. 
Soldiers, 43. 
Speedy trials, 66. 
Standard coins, 22. 
Standing army, 80. 
State, not to coin money, 22. 
States, inhibitions upon, 22, 73. 

mutual rights, 67. 

new, 69. 

number of, 69. 

reserved rights, 47. 

restrained, 73. 
Suffrage, 76. 
Supreme court, 54. 

check on congress, 56. 



Tariff, 18. 

Taxes, capitation, 37. 
direct, 37. 



CIVIL GOVERNMENT OF UNITED STATES. 



65 



Titles to nobility, 40. 

Treasury department, 79, 

Treasury notes, 19. 

Treaties, 16. 

Trials, 66. 

Twice in jeopardy, 62. 

u 

Universal suffrage, 76. 
Utah, 69. 



S 



w 

War, 27. 

War department. So. 

Warrants for arrest, 44. 

Weights and measures, 22 

West Point, 80. 

W^est Virginia, 69. 

Witnesses, 66. 

V 

Vermont, 69. 
Volunteers, 28. 
Vice-president, 50, 51. 
how elected, 52. 



CIVIL GOVERNMENT 



OF THE 



STATE OF MISSOURI. 



CHAPTER I. 
GENERAL DIVISIONS. 

86. The State Government. — The Government oi 

the State of IMissouri is divided into three departments sim- 
ilar to the divisions of the Government of the United States. 
Each has an executive, legislative and judicial department, 
and for defining the duties and powers of these there is a 
Constitution. The State Government is brought much closer 
to the people than the national Government. Public schools, 
public roads, township, city and county government, nearly 
all the courts, the State officers and the Legislature, are 
secured by the people through their State Constitution and 
laws passed in pursuance thereof. 

87. The Constitution. — The Constitution of Missouri 
is the fundamental law of the State, just as we have seen the 
Constitution of the United States to be the fundamental law 
of the Union. The Constitution of the State may contain 
any provision that the people may wish to put into it, with 
one exception, and that is, it must not contain anything in 
conflict with the Constitution of the United States. The 
Constitution of the United States was ratified by conventions 
of the different States; the present Constitution of Missouri 
was adopted by the vote of the people. There have been 

66 



GENERAL DIVISIONS. 



67 



three Constitutions of Missouri. The first was framed and 
adopted by a convention in 1S30, just before Missouri 
became a State. It remained in force till supplanted by 
another adopted by the people in 1S65. But this second 
Constitution was not satisfactory, and so a third was framed 
and submitted to the people and by them adopted on October 
30, 1875, and took effect, according to its terms, on November 
30, of the same year. 

88. Executive Department. — The executive officers 
of Missouri are the Governor, in his absence the Lieutenant 
Governor, Secretary of State, State Auditor, Superintendent of 
Public Schools, State Treasurer, Attorney-General, Railroad 
Commissioners, Superintendent of Insurance, Adjutant Gen- 
eral, Labor Commissioner; county courts, clerks, treasurers, 
collectors, recorders and sheriffs of counties ; officers of 
asylums and penal institutions ; school directors and teachers ; 
and other minor officers that .will be mentioned at the proper 
place. 

89. The Legislative Department. — The lawmak- 
ing body in Missouri is, by the Constitution, called the Gen- 
eral Assembly, and consists of a Senate and a House of Rep- 
resentatives. Minor legislative bodies are boards of aldermen 
of towns and cities. 

90. The Judicial Department. — The judiciary of 

the State consists of one Supreme Court, whose sessions are 
held in Jefferson City; the St. Louis Court of Appeals and 
the Kansas City Court of Appeals, which are intermediate 
appellate courts between the circuit courts and the Supreme 
Court; the circuit courts, each of which has jurisdiction 
over one or more counties ; and probate courts for each 
county, and justices of the peace for each township. There 
are also certain other courts such as courts of common pleas 



68 CIVIL GOVERNMENT OF MISSOURI. 

and criminal courts, which exist only in certain parts of the 
State. 

91. How Treated. — The duties of the officers men- 
tioned In the three last sections, together with other matters 
concerning the Civil Government of the State, will be con- 
sidered under chapters on the Constitution, State Officers, 
the Legislature, Courts, Eleemosynary and Penal Institu- 
tions, Counties, Congressional Townships, Cities and Towns, 
Elections and Public Schools. 

Questions on Chapter I. 

1. Wherein are the State and National Governments similar? 
(86). 

2. What do we have at the hands of the State Government? 
(86) 

3. What is the Constitution? (87) 

4. How was the United States Constitution adopted? (87) 

5. How was Missouri's adopted? (87) 

6. How many Constitutions has Missouri had? (87) 

7. Name the executive officers of the State? (88) 

8. Name the legislative bodies? (89) 

9. Name the divisions of the State judiciary? (90) 
10. How will these be treated in this book? (91) 

Topical Outline of Chapter I. 

, ( I. Divisions. 

I 2. Constitution. 

General Divisions. { 3. Executive Officers. 

j 4. Legislative Department. 

(^ 4. Judiciary. 



CHAPTER II. 
THE CONSTITUTION. 

92. Why Not Discussed at Length. — The Consti- 
tution of Missouri is a lengthy document. It consists of 
fifteen articles and a schedule, and a full discussion of the 
whole of it would require a large volume. Only the more 
important features can be considered in this work. 

93. Preamble. — The preamble to the Constitution is 
in these w^ords: " M^e, the people of Missouj'i^ with pro^ 
found reverence for the Supreme Ruler of the Universe^ 
and grateful for His goodness^ do^ for the better govern- 
fnent of the State ^ establish this Constitution.^^ 

94. Bill of Rights. — Thirty-two sections of the Con- 
stitution, or all of Article II, are given up to a clear state- 
ment of the rights of a citizen, the rights of the State and the 
rights of the Union. This article is called the "Bill of 
Rights." It declares, among other things, that "all political 
power is vested in the people;" that "the people of this 
State have the inherent, sole and exclusive right to regulate 
the internal government thereof;" that "Missouri is a free 
and independent State, subject only to the Constitution of 
the United States;" that "the people of this State will never 
assent to any amendment or change of the Constitution of 
the United States which may in anywise impair the right of 
local self-government belonging to the people of this State ;" 
that "all elections shall be free and open, and no power, civil 
or military, shall at any time interfere to prevent the free 
exercise of the right of suffrage;" that "all persons have a 
natural right to life, liberty, and the enjoyment of the gains 
of their own industry;" and "that to give security to these 

69 



70 



CIVIL GOVERNMENT OF MISSOURI, 



things IS the principal office of government." The Bill of 
Rights is a clear declaration of human rights, equal to the 
Declaration of Independence. 

95. Restrictions on the Legislature. — The Legis- 
lature is forbidden to pass certain kinds of laws. It can not 
enact any class legislation; that is, laws for the benefit of a 
certain class of its citizens, or laws giving one portion of the 
State an advantage over another in trade, or otherwise. It 
can not pledge the State as security for the payment of the 
debts of any citizen or any company, or aid any private com- 
pany in any of its business undertakings. It can not release 
persons or companies from paying debts they owe the State. 

96. Restrictions on Taxation. — The Constitution 

fixes maximum rates of taxation, and says that neither the 
Legislature nor any city council can increase these rates. 
The State debt existing when the Constitution was adopted 
must be reduced at least $350,000 per year until the whole 
is paid, but all other taxes for State purJ)oses, that is, for 
current expenses, can not exceed twenty cents on the hun- 
dred dollars valuation, and whenever the assessed valuation 
of the property of the State shall amount to nine hundred 
million dollars, taxes for state purposes cannot exceed fifteen 
cents for each hundred dollars worth. The maximum rate of 
taxes for schools, cities and counties will be given in the 
proper chapters hereafter. The State debt has been re- 
duced more rapidly than the Constitution directed. About 
three fourths of it has been paid. 

97. Restrictions on Creating Debts. — The Con- 
stitution imposes rigid restrictions upon the powers of the 
State to contract debts. In only three cases can this be done. 
(i) The state can issue bonds in renewal of existing bonds 
as they become due. When the present Constitution w as 



TEE CONSTITUTION. 



71 



adopted the State was in debt. It had issued bonds in aid of 
the building of railroads and for other purposes. As these 
bonds become due, if the State can not pay them it may 
issue other bonds in renewal of them, at the same or a lower 
rate of interest. (2) On the occurring of an unforeseen 
emergency, or a casual deficiency in the State's revenue, the 
Governor and the Legislature can contract a debt, by bonds or 
otherwise, not in excess of $250,000 for any one year, to be 
paid within two years after the creation thereof. (3) And on 
the occurring of an unforeseen emergency or a casual defi- 
ciency in the revenue, a debt in excess of $250,000 may be 
created only when two thirds of the voters at an election held 
for that purpose authorize such debt. For no other purposes 
and in no other way shall the General Assembly have power 
to contract a debt. 

Restrictions on Counties, Cities and School Dis- 
tricts. — No county, city, town or school district can issue 
bonds or otherwise become indebted to an amount greater 
than five per cent of the value of the taxable property there- 
in, nor can they become indebted in anywise to an amount 
exceeding in any year the income and revenue provided for 
such year, until two thirds of the voters consent thereto ; and 
if two thirds of the voters consent to such debt, they must at 
the same time authorize such a levy of taxes as will pay the 
annual interest ihereon and liquidate the debt within twenty 
years. All counties, cities and towns are forbidden to issue 
bonds to pay debts that were made by a court or council 
without the consent of two thirds of the voters, unless such 
debts were legally incurred prior to the adoption of the pres- 
ent Constitution. Nor can private property be seized to 
pay any municipal debt ; that is, the debt must be paid by 
money raised from taxation, and in no other way. The only 
exception to these limitations is that a county may, with the 



(j2 CIVIL GOVERNMENT OF MISSOUBt. 

consent of two thirds of the voters, become indebted to an 
amount greater than five per cent of the assessed valuation 
of property therein for the purpose of building a court house 
or jail. 

The using of any money raised by taxation, for any pur- 
pose not authorized by law, by any public officer, is a felony. 
It is these inflexible limitations upon the taxing power in 
Missouri that have made taxes so much lower here than in 
some other States, and that cause her State and municipal 
bonds to sell so well in the markets. 

98. Revenue, How Raised. — The revenue for sup- 
porting the State, counties, cities and schools is raised by 
taxes levied directly against the property of the citizen. 
These taxes must be paid. Other debts may possibly be 
avoided, but if taxes have been levied exactly as the law 
directs, any property the citizen has may be seized and sold 
to pay them. The law that permits the head of a family to 
hold a homestead and a certain amount of personal property 
exempt from the payment of a private debt, does not apply 
to taxes. 

99. Suffrage. — By this Constitution every male citizen 
of the United States, and every male person of foreign birth 
who may have declared his intention to become a citizen of 
the United States according to law, not less than one year 
nor more than five years before he offers to vote, is entitled 
to vote at all elections by the people, if he is over twenty- 
one years of age, and has resided, immediately preceding the 
election, in the State one year, and sixty days in the county, 
city, or town where he offers to vote ; except that no person 
while kept in any poorhouse or asylum at public expense, 
and no person confined in any public prison, shall vote at 
any election ; and no person convicted of a felony or of any 



TEE CONSTITUTION. 



n 



crime against the ballot can vote at any time, unless par- 
doned by the Governor; and no officer, soldier or marine in 
the regular army or navy of the United States is entitled to 
vote at any election in this State. 

100. State Capital.— The Constitution says: ''The 
General Assembly shall have no power to remove the seat 
of Government of this State from the City of Jefferson." 

101. How Changed. — The Constitution prescribed 
two ways by which it can be amended. The^^r^^ is for the 
Legislature to propose amendments to certain sections, which 
are to be submitted to the voters at the next general elec- 
tion, and if a majority of them vote therefor they become a 
part of the Constitution. By this method the Kansas City 
Court of Appeals was created in 1884, and the number of 
judges of the Supreme Court was increased from five to 
seven in 1890. Numerous other amendments have been 
submitted to the people, but were rejected. The second 
mode is much more difficult. It consists of four steps, (i) 
The Legislature authorizes a vote of the people on the call- 
ing of a convention to revise or amend the Constitution. If 
such convention be desired by them, the Governor fixes a 
day when (2) delegates may be chosen thereto, and these 
delegates, w^hen they meet in convention, (3) may revise 
the Constitution to any extent they please, and then (4) the 
Constitution as thus revised and amended is to be submit- 
ted to a vote of the people at an election held for that pur- 
pose and they must adopt or reject it as a w^hole, by a 
majority of the votes cast. Thus it will be seen that it takes 
two votes of the people to secure a general change of the 
Constitution. This is right. The fundamental law of a 
people should not be often changed. 



74 CIVIL GOVERNMENT OF MISSOUBL 

Questions on Chapter II. 

1. What is said about the length of the Constitution? (92) 

2. What is the Preamble? (93) 

3. To what is Article II given over? (94) 

4. What is it called? (94) 

5. Recite some principles it lays dow^n? (94)' 

6. What about the merit of the Bill of Rights? (94) 

7. Name three limitations on the Legislature's power? (95) 

8. Can taxes ever be higher in Missouri? (96) 

9. What amount must be assessed to pay the State debt? (96) 

10. What is the rate of taxes for state purposes? (96) 

11. Can the State issue new bonds? (97) 

12. In what amount may it become indebted? (97) 

13. How can its debt be made larger than $250,000? (97) 

14. What has become of the state debt? (97) 

15. To what amount can a city become indebted? (97) 

16. How? (97) 

17. How is the revenue raised? (98) 

18. Must taxes be paid? (98) 

19. Who can vote in Missouri? (99) 

20. Can the Legislature move the capital? (100) 

21. In how many ways can the Constitution be amended? (loi) 

22. What is the first? (loi) The second? (loi) 

Topical Outline of Chapter II. 



Constitution. ^ ^ 



Length. 

Preamble. 

Bill of Rights, fi. Legislation. 

Restrictions On< 2. Taxes. 

Revenue. 1 3. Indebtedness. 

Suffrage . 

State Capital. 

Amendments. 



CHAPTER III. 

STATE OFFICERS. 

102. A State Officer. — A State officer is one whose 
official duties extend over the entire State. In this chapter 
we shall consider only such State officers as Governor, Lieu- 
tenant-Governor, Secretary of State, Auditor, Treasurer, 
Attorney-General, Superintendent of Public Schools, Rail- 
road Commissioners, Superintendent of Insurance and Labor 
Commissioner. 

103. The Governor. — The Constitution says: '-'The 
supreme exectitive poiuer shall he vested in a chief magis- 
U'ate^ zvho shall he styled '-The Governor of the State of 
Missouri,^ " It is his duty to see that the laws are faithfully 
executed, (i) He can call out the militia "to execute the 
laws, suppress insurrections and repel invasions." (2) He 
can grant pardons, after conviction, and commute sentences 
to less punishments. (3) He can call the General Assem- 
bly in extra session. (4) When a vacancy in any county or 
district or State office occurs he fills it by appointment or 
calls a special election, and besides he has the right to (5) 
appoint a few State officers and many important local offi- 
cers. He must be thirty-five years old and must have been 
a citizen of the United States for ten years and a resident of 
this State for seven years before his election. His term of 
office is four years and he can not be elected to succeed him- 
self. He receives a salary of $5,000 per year and lives in 
the Executive Mansion, provided and furnished by the State, 
which pays all the current expenses of his office. When the 
Governor dies, resigns or is removed, the Lieutenant-Gov- 
ernor, who must possess the same qualifications as the Gov- 
ernor, succeeds to the office. ^^ 



76 



CIVIL GOVERNMENT OF MISSOURI. 



104. Secretary of State. — The Secretary of State is 
the custodian of the Great Seal of the State, which is used to 
authenticate many of the official acts of the Governor and of 
the State. In his office are kept all the original laws passed 
by the General Assembly, the publication and distribution 
of which he superintends. He issues certificates of incor- 
poration to corporations, and, when authorized to do so by 
the Governor, he issues commissions to notaries public and 
other officers. In his office is a record of all general elec- 
tions, and also a record of the names of all county and dis- 
trict officers and of the time they entered upon their official 
duties. He requires semi-annual reports from all State 
banks, setting forth their financial condition, and in addition 
he appoints bank examiners, whose duty it is to examine 
each State bank once a year and require it to comply with 
the laws. His term of office is four years. He receives an 
annual salary of $3,000, and is aided by numerous assistants. 

105. State Auditor. — The State Auditor ascertains 
the amount of taxes due the State from each county, and 
settles with each county collector for the moneys coming into 
his hands belonging to the State. He issues the warrants to 
the persons entitled to them upon which all moneys are paid 
out by the State Treasurer, and thus he is a constant check 
on that officer." He is, in some respects, the most important 
officer in the State, since it is upon estimates furnished by 
him that the Legislature is guided in making appropriations 
to meet the current expenses of the State. His term of office 
is four years and his salary $3,000. 

106. The State Treasurer. — The State Treasurer is 
the custodian of the State funds. All moneys belonging to 
the State are in his keeping. He pays the salaries of State 
officers, of the judges of the Supreme and Circuit Courts and 
of the Courts of Appeals, and all the other expenses of the 



STATE OFFICERS. 



11 



State. He is required to give a large bond for the faithful 
performance of his duty. In order that the State's money 
may not be idle, the Treasurer deposits it, subject to his call, 
in banks, which pay the State a small rate of interest for its 
use. His salary is also $3,000 a year. His term is four 
years and he can not be elected to two terms in succession. 
Connected with his office is a supervisor of all building and 
loan associations doing business in the State. 

107. Attorney-General. — The Attorney-General is 
the legal adviser of all other State officers. He also repre- 
sents the State in all cases to which it is a party before the 
Supreme Court and has the authority, in the name of the 
State, to begin and prosecute all suits necessary to protect 
the rights and interests of the State. The principal officers 
mentioned in this and the three preceding sections are elected 
by the people. Officers to perform similar duties for the 
United States are appomted by the President, as we have 
seen. 

108. Superintendent of Public Schools. — This 

officer resides at the capital, and is the general superintend- 
ent of the public school system. He superintends the appli- 
cation and distribution of the educational funds of the State, 
may grant teachers' certificates, prepares an annual report 
showing the number of teachers and pupils in the public 
schools of the State, the average amount of wages paid for 
teachers, and other useful information, and otherwise is 
required to do what he can to elevate the standard of educa- 
tion in the public schools. He is elected by the people, his 
term of office is four years and his salary $3,000. 

109. Railroad Coraraissioners.- -There are three 

Railroad- and-Warehouse Commissioners. Their term of 
office is six years, and one is elected every two years. Their 



78 



CIVIL GOVERNMENT OF MISSOURI. 



duty is to see that the railroads obey the laws concerning 
freight and passenger rates, and also to appoint inspectors in 
St. Louis and Kansas City to inspect and fix the grade of 
wheat and other grains. Each receives a salary of $3,000 
per year. 

110. The Insurance Department. — The Superintend- 
ent of Insurance is appointed by the Governor, by and with 
the advice and consent of the Senate, for a term of four years 
at an annual salary of $3,000. He issues license to, and has 
a general supervision of, all insurance companies permitted 
to do business in this State. He has a right to inspect their 
books and affairs to ascertain if they are doing an honest busi- 
ness and complying with the laws, and to revoke their license 
if they are not. The office is established for the protection 
of policy-holders, and of honest companies as well. 

111. The Labor Commissioner. — The Labor Com- 
missioner is appointed by the Governor, by and with the 
advice and consent of the Senate, for a term of two years, 
at an annual salary of $2,000. He gathers statistics concern- 
ing the wages paid laborers in mines, on railroads, and in 
factories, and also statistics concerning the resources and 
products of the State, and publishes an annual report con- 
taining such of these statistics as he may deem of interest to 
the public. To this bureau belong also the mine inspectors 
and the inspector of factories and work shops. 

112. The State Board of Equalization.- -The 
members of this board are the Governor, Secretary of State, 
Auditor, Treasurer, and Attorney-General. The Board 
meets once a year and equalizes the tax assessments of the 
various counties. It sometimes happens that property in 
one county is assessed at its real value, while in others it is 
assessed at one half or even one fourth of what it is worth. 



STATE OFFICERS. 



79 



This is manifestly unfair. If such assessments were permitted 
to stand, s6me counties would thereby relieve themselves of 
their share of the burden of supporting the State Govern- 
ment. To remedy this wrong the Board of Equalization 
raises the assessment of some counties and lowers that of 
others, and each county is bound by its action. 

113. National Guard. — The Commander-in-Chief of 
the Missouri National Guard is the Governor, and the 
chief member of his staff is the Adjutant General. The 
National Guard, inclusive of State cadets, consists of not 
over three thousand male persons between the ages of 
eighteen and forty-five years, who have voluntarily enlisted 
therein for any military duty that may be required of them 
by the Governor. Companies of the National Guard are 
found in various parts of the State. At proper intervals 
they are trained for military service. Once a year all the 
companies meet in a general encampment. They can be 
called into the field by the Governor to suppress insur- 
rections or invasions. The State armory, containing war 
records, guns and other military supplies, is located at Jef- 
ferson City. Under the law all able-bodied males between 
the ages of eighteen and forty-five are liable to military duty, 
and to be enlisted for military service whenever the National 
Guard is inadequate to enable the Governor to execute the 
laws, except such persons as have conscientious scruples 
against bearing arms, and these may be excused by paying 
into the military fund six dollars per month. 



So CIVIL GOVERNMENT OF MISSOURI, 

Questions on Chapter III. 

1. What is a State officer? (102) 

2. What State officers are considered in this chapter? (102) 

3. What sajs the Constitution about the Governor? (103) 

4. What is his special duty? (103) 

5. Name some of his powers? (103) 

6. What qualifications must he have? (103) 

7. Governor's salary and term of office? (103) 

8. In case of vacancy who succeeds to his office? (103) 

9. Name some of the duties of the Secretary of State? (104) 

10. What about the Great Seal? (104) 

11. What are his duties in regard to State banks? (104) 

12. His term and salary? (104) 

13. Describe duties of State Auditor? (105) 

14. Describe duties of State Treasurer? (106) 

15. What other officer is connected with his office? (106) 

16. What is said of the Attorney-General? (107) 

17. How are the principal State officers chosen? (107) 

18. What is said of the Superintendent of Public Schools? (108) 

19. What is said of Railroad Commissioners? (109) 

20. Of the Superintendent of Insurance? (no) 

21. What is said of the Labor Commissioner? (in) 

22. Who constitute the State Board of Equalization? (112) 

23. What is this Board for? (112) 

24. Why is the equalization of taxes necessary? (112) 

25. What are the State militia called? (113) 

26. How is the National Guard arranged? (113) 

27. Who is its chief officer? (113) 

28. What does the State armory contain? (113) 

Topical Outline of Chapter III. 

I. Definition. 



State Officers. < 



9 
10 

II 

12 



Governor. 
Secretary of State. 
State Auditor. 
State Treasurer. 
Attorney-General . 
Superintendent of Public Schools. 
Railroad Commissioners. 
Superintendent of Insurance. 
Labor Commissioner. 
Board of Equalization. 
National Guard. 



CHAPTER lY. . 
THE GENERAL ASSEMBLY. 

114. Composed of Two Houses. — The General 

Assembly of the State of Missouri is usually called the Leg- 
islature, but it is not so called in the Constitution nor in the 
Statute. It is composed of two houses, the Senate and 
House of Representatives. 

115. The Senate. — The Senate is composed of thirty- 
four members, one half of whom are elected by the people 
at presidential elections, and the other half two years later. 
Once in ten years the State is divided into districts in such 
a way that each may have one Senator, without dividing any 
county; that is, a county can not be partly in one district and 
partly in another, but it may have more than one Senator if 
it has the requisite number of inhabitants. The districts 
must be so arranged that no Senator can be deprived of his 
seat by reason of such arrangement. Each district is enti- 
tled to one Senator. The presiding officer of the Senate is 
the Lieutenant-Governor, and a President fro tejnfore^ to 
preside in his absence, is chosen by the Senators. 

Senatorial Map. — In order that a clearer understanding 
may be had of the division of the State into Senatorial dis- 
tricts, a map is hereto subjoined showing the districts by num- 
ber as made in 1891, and showing also the population of 
each county. These districts remain the same until 1901. 

116. House of Representatives. — Each county is 

entitled to one Representative, and the larger counties to 

more than one. The method of apportionment, which is 

made once in ten years, is a peculiar one. First, a ratio is 

6 81 



THE GENERAL ASSEMBLY. 83 

obtained by dividing the whole number of inhabitants in the 
State by 300. Then each county that has two and one half 
times said ratio is entitled to two Representatives ; each 
county having four times said ratio is entitled to three Rep- 
resentatives, each county having six times said ratio is enti- 
tled to four Representatives, and so on above that number, 
giving one additional member for every two and a half 
ratios. This ratio at the present time is about 13,395, so 
that a county must have about 33,487 inhabitants before it 
can have two Representatives, about 53,580 before it can 
have three, about 80,370 before it can have four, and one 
Representative for every 33,487 inhabitants above that num- 
ber. When a county is entitled to more than one Represen- 
tative the county court divides it into districts, of about the 
same number of inhabitants, and one Representative is 
elected from each district. A Representative's term of office 
is two years. The presiding officer of the House is the 
Speaker, who is elected by its members. He appoints its 
committees. 

117. Qualifications. — A Senator must be thirty, and 
a Representative twenty-four, years of age. A Senator 
must have been a qualified voter of this State for three years 
prior to his election, and a Representative a qualified voter 
for two years, and both must be male citizens of the United 
States. A Senator must have resided in his district one year 
before his election, and a Representative in his county or 
district for the same length of time ; and each must have 
paid a State and county tax within the year preceding his 
election. 

118. Compensation. — The pay of a Senator or Rep- 
resentative is five dollars a day for the first seventy days of 
an ordinary session, and one dollar per day for the remain- 
der of such session. For revising sessions they are paid five 



84 



CIVIL GOVERNMENT OF MISSOVEI. 



dollars per day for one hundred and twenty days and one 
dollar a day thereafter. In addition to this, each member of 
either house is allowed necessary traveling expenses from 
his home to the capital and for the return. 

119. Oath of Office. — Every officer in this State, from 
the highest to the lowest, is required to take an oath of office. 
That prescribed by the Constitution for the members of the 
Legislature is in these words: "I do solemnly swear (or 
affirm) that I will support the Constitution of the United 
States and of the State of Missouri, and faithfully perform 
the duties of my office ; and that I will not knowingly receive, 
directly or indirectly, any money or other valuable thing, for 
the performance or non-performance of any act or duty per- 
taining to my office, other than the compensation allowed by 
law." The oath for other officers varies slightly from this, 
the variation having regard to the duties to be performed by 
the officers. 

120. Sessions. — The General Assembly meets in reg- 
ular session in the Capitol on the first Wednesday after the 
first day of January of each odd numbered year, and fixes 
its own time for final adjournment. An extra session may 
be called by the Governor at any time, but such session can 
consider only the subjects mentioned in the Governor's call 
or in special messages sent to it by him after it convenes. At 
the last regular session of each decade all the laws of the 
State then in force are revised, arranged in proper order and 
published in one or two large volumes named "The Revised 
Statutes." This is called a revising session. 

121. A Law, How Passed.— A bill to become a law 
must receive the vote of a majority of the members elected 
to each house and be signed by the Governor; or, if vetoed 
by the Governor, that is, returned with his objections, it must 



THE GENERAL ASSEMBLY. 85 

then receive the vote of two thirds of the members of each 
house. If the Governor does not approve or disapprove a 
bill, nor return it to the house in w^hich it originated, within 
ten days, it may, by a resolution passed by both houses recit- 
ing such fact, become a law anyhow. If the General As- 
sembly has adjourned within ten days after a bill is presented 
to him, he may, within thirty days, return it to the Secretary 
of State with his approval or veto. 

122. When a Law Takes Effect. — ^No law passed 

by the Legislature, except the general appropriation act, 
"shall take effect or go into force until ninety days after the 
adjournment of the session at which it was enacted," unless 
there is attached to it an emergency clause, and two thirds 
of all the members elected to each house "otherwise direct;" 
in which case, the law will take effect at once or at any sub- 
sequent time that the Legislature may designate. 

123. Session Acts and Revised Statutes. — All 

the laws passed at one session are published in one book 
called the "Session Acts." The Revised Statutes of 1889 
are two large volumes. They contain all the general laws 
passed by the Legislature at any time prior to such revision, 
that had not been repealed. In these volumes the laws are 
collected into chapters and articles and sections, and the sec- 
tions are numbered consecutively from the beginning to the 
end, just as the sections of this book are numbered. Each 
chapter is given an appropriate heading, and then the chap- 
ters are arranged in alphabetical order, the first being the one 
concerning "Administration" of the estates of deceased per- 
sons, and the last is in regard to " Writs." 



S^ CIVIL GOVERNMENT OF MISSOUBI. 

Questions on Chapter IV. 

1. What is the General Assembly popularly called? (114) 

2. Of what is it composed? (114) 

3. How many Senators? (115) 

4. How are they elected? (115) 

5. How are the districts arranged? (115) 

6. Which district do you live in? (See map) 

7. What counties in your district? (See map) 

8. Who is your Senator? 

9. Who is the presiding officer of the Senate? (115) 

10. How many Representatives for each county? (116) 

11. How can you ascertain the number for each county? (116) 

12. How many has your county? 

13. To how many is it entitled by the map? (See map) 

14. Who presides over the sessions of the House? (116) 

15. How is he elected! (116) 

16. Qualifications of Senators and Representatives? (117) 

17. What is their compensation? (118) 

18. What is required of all Missouri officers? (119) 

19. When and where are the sessions held? (120) 

20. What is a revising session? (120) 

21. How may a bill become a law? (121) 

22. When does a law take effect? (122) 

23. What exception is there to this rule? (122) 

24. How may a law be put in force at once? (122) 

25. What are the Session Acts? (123) 

26. Describe the Revised Statutes. (123) 

Topical Outline of Chapter IV. 

1. Two Houses. 

2. Senate. 

3. House of Representatives. 

4. Qualifications. 

5. Compensation. 

6. Oath of Office. 

,„ „ . ( I. Regular. 

The General Assembly. { ^_ Sessions, i 2. Called. 

[3. Revising. 
( I. How Passed. 
I I 2. When in force. 

8. Laws. <^ 3. Exceptions. 

4. Session Acts. 
I s- Revised Statutes. 



CHAPTER Y. 

THE COURTS. 

124. General Statement. — The courts of the State 
are the Supreme Court, Courts of Appeals, Circuit Courts, 
Criminal Courts, Courts of Common Pleas, Probate Courts, 
and courts of Justices of the Peace. The County Court, 
being a mere executive body for transacting the business of a 
county, will not be considered in this chapter, but will be in 
the chapter on "Counties." The courts considered in this 
chapter are for the administration of the law. 

125. Laws, How Divided. — Laws are broadly divided 
into two classes. Criminal Law and Civil Law. Civil Law 
is again divided into Common Law and Statutory Law and 
Equity Law. (i) The Common Law concerns such things 
as ordinary promissory notes, deeds to land, and other con- 
tracts and the breach of such contracts, and wrongs done to 
one's property or person. For generations in America and 
England certain rules have been gradually agreed upon by 
all men as being right for conducting business. These rules 
have been enforced by the courts until they have become a 
great system of principles, and are called the Common Law. 
This law is not found in acts passed by the Legislature, but 
in books written by able lawyers and in the published opin- 
ions of the highest courts. Statutory Lazv consists of laws 
passed by the Legislature. These sometimes change the 
Common Law principles, but until such principles are 
changed by statutes they are binding upon all men, because 
the Common Law, until so changed, is by our statutes 
declared to be in force in this State. For the enforcement of 
the Common Law or the Statutory Law there are a judge and 

^7 



S8 . CIVIL GOVERNMENT OF MISSOURI. 

a jury, and at the trial the points to be decided are such as, 
Was the contract made, and what are its terms? or, Admit- 
ting the contract has been made and broken, what are the 
damages? But the judge alone tries a few kinds of such 
cases ; as divorces, for instance ; and in other Common Law 
cases both sides may mutually agree to waive a jury, but if 
either party demands a jury it can not be denied him. (2) 
But sometimes the enforcement of a contract would work a 
wrong. The contract may have been obtained through fraud 
or mistake ; some kind of deception or false representation 
by one party may have induced the other to enter into it, 
and then justice and good morals suggest that it ought not to 
be enforced against the party thus cheated. It is just at this 
point that Equity Law steps in. It was created to give 
relief against the rigid exactness of the Common Law, when 
the enforcement of that law would work a wrong. Equity 
cases are tried by a judge only; no jury assists him.. (3) 
Criminal JL aw relates to crimes. It usually consists of the 
statutes, or laws passed by the Legislature. Crimes are 
divided into two classes. They are misdemeanors and fel- 
onies. A misdemeanor is a lower grade of crime and is 
punishable by fine or imprisonment in jail or calaboose. 
Only a jury and a justice or judge is required to try a misde- 
meanor, although a grand jury may indict a person for a 
misdemeanor. A. felony is a higher grade of crime and is 
punishable by imprisonment in the penitentiary, or death. 
For punishing a felony there must be an indictment by a 
grand jury and a trial by a petit jury and a judge. 

126. Justices of the Peace. — In each municipal 
township of each county there is at least one justice of the 
peace, and often more than one. He is sometimes called a 
magistrate and often a 'squire. He is the conservator of the 
peace for his township. If a crime is committed the warrant 



TEE COURTS. 



89 



for the arrest of the criminal is usually issued by a justice. 
These officers have been provided in order that the people 
might have some one right at their doors to settle their 
smaller disputes, and to set the wheels of government in 
motion in case the laws are violated. Suits involving any 
sum less than $350 may be tried before a justice of the 
peace, and either party, if he desires it, is entitled to a jury 
of six men. The jziiy passes upon the law and evidence, as 
they understand it, by agreeing upon a verdict, which is sim- 
ply a small piece of writing, signed by the foreman, contain- 
ing words which indicate their decision or finding upon the 
issues submitted to them. Any party dissatisfied with the 
result of a trial before a justice, whether it be a civil or crim- 
inal case, can appeal to the Circuit or Criminal Court of 
the same county, by filing the required affidavit and giving 
bond ; and in that court the case is tried anew just as if it 
had been originally begun there. No equity case can be tried 
before a justice of the peace, nor can a felony; but persons 
arrested for felony may be required by him to give bond to 
appear before the grand jury at its next sitting; or maybe 
sent to jail until the grand jury meets if they can not give bail, 
or if the preliminary examination made by him indicates that 
the proof is evident or the presumption great that the accused 
persons have committed murder in the first degree. 

127. Constables. — In each township there is a con- 
stable, who is the executive officer of the court of the justice 
of the peace. It is his duty to make arrests on all warrants 
issued by the justice if the accused party can be found in his 
county; to serve the summons on the defendant in civil cases; 
to impanel juries, and summon witnesses for the trial ; and 
after the trial he collects the amount of the judgment, or 
debt, from the losing party by seizing and publicly selling 
his property, if any property he has in excess of what the 
law says shall not be sold to pay his debts. 



QO CIVIL GOVERNMENT OF MISSOURI. 

128. Probate Courts. — In each county in the State 
there is one Probate Judge, whose court is concerned in set- 
tling the estates of deceased persons and appointing guardians 
and curators to manage the persons and estates of minors and 
lunatics. In some States this court is called the Orphan's 
Court. When one dies his debts must be paid. All his 
property, except about five hundred dollars' worth for his 
widow and the homestead which he owned and in which he 
lived, is liable for the payment of his debts, and his children 
can have nothing until these are paid. If the person has left 
no will, the court appoints someone, denominated an ad- 
ministrator, to take charge of the estate and settle up its 
debts and turn the residue over to the heirs, but for this pur- 
pose no land can be sold if the personal estate is sufficient to 
pay the debts. If the deceased person left a will, it usually 
names someone that he desires to administer his estate. Such 
person is called an executor, and in administering the estate he 
must obey the instructions of the will, except that the will 
can not deprive the widow of her dower or homestead, nor 
defeat the payment of the debts of the deceased. If a claim 
against the estate of a deceased person is disputed by the 
administrator, the Probate Judge may call a jury to decide 
the point, and from its verdict either party may appeal to the 
Circuit Court, where the case is tried again. When the 
administrator or executor has fully administered the estate, 
he offers to the court an exhibit of all moneys he has received 
and paid out. This is called his final settlement, and if 
approved by the judge, he is discharged, and the estate goes 
to the heirs. But if any of the heirs are not satisfied with the 
conduct of the administrator they can appeal to the Circuit 
Court to redress the wrong done. 

129. Homestead.— The law believes society is stronger 
if every family has a home. In this State the residence of the 



THE COURTS. 



91 



head of a family can not be taken for his debts, and his widow 
and minor children are entitled to live in the residence owned 
by him at his death — the widow during her life, and the chil- 
dren while they are minors. But there can be no home- 
stead as against the debts made prior to the time the husband 
acquired and occupied his residence, nor can the homestead 
in the country exceed one hundred and sixty acres of land nor 
$1,500 in value, but so much of the one hundred and sixty 
acres of ground can be retained by the husband during his 
life, and by the widow and children after his death, as is worth 
no more than $1,500. In cities and towns the maximum value 
and size of the homestead depend on their population. 
In smaller towns the maximum value is $1,500 and the maxi- 
mum size not more than five acres. In the larger cities this 
value is larger and the amount of ground less. 

130. Dower. — In addition to her homestead in her 
husband's residence, the widow is entitled to a dower of one 
third of all the other land he owned at any time during their 
marriage, not by her deeded away while he lived, and she 
is entitled to a child's share in his personal estate. If he 
signs a deed to a piece of property without her joining him 
in it, her dower remains and may be recovered by her after 
his death. But a dower only lasts for life. It is extinguished 
by her death. But instead of this lifetime interest of one 
third of her husband's estate the widow may take, if she 
desires, a child's share. If there is only one child, her share 
then will be one half of the husband's estate after the debts 
are paid. If he dies without children or other descendants, 
her dower is one half of all the property he owned, not for 
life only, but absolutely. 

131. Curtesy.— The husband's curtesy is something 
like the widow's dower. It is a lifetime use of the lands 
owned by the wife at her death. But in order that he may 



92 



CIVIL GOVERNMENT OF MISSOVBI. 



have this interest he must have had the possession and use of 
the property during the marriage, and a child must have 
been born alive of the marriage. If the child survives her 
he has onlv a lifetime use of the wife's lands. But if she 
die without children or other descendants, he is entitled to 
one half of all her property absolutely, and, if a child was 
born of the marriage, to the use of the remaining half of her 
real estate of which he had the possession during the mar- 
riage. 

132. Circuit Courts.— The Circuit Courts are the great 
trial courts of this State. In them can be tried every kind of 
cases, — civil, equity, and, in counties where there is not a sep- 
arate criminal court, criminal cases also. One or more sessions 
of the Circuit Court are held in each county each year. 
These courts exercise a superintending control over Criminal 
Courts, Probate Courts, County Courts, Justices of the Peace, 
and all other inferior courts. In counties having over 40,000 
inhabitants there is a separate Criminal Court for the trial of 
criminal causes ; but in nearly all smaller counties the Circuit 
Courts have jurisdiction over such matters. The State is 
divided into thirty circuits. In each an officer, styled the 
Circuit Judge, is elected for a term of six years to preside 
over these courts, and in some of the circuits, like St. Louis 
and Jackson county, there is more than one judge, owing to 
the amount of business. 

133. Map of Judicial Circuits. — The Legislature at 
its special session in 1892, divided the State into thirty cir- 
cuits, by number, as shown by the accompanying map. 

134. Qualifications and Salary. — The Circuit Judge 

must be learned in the law, at least thirty years of age, a 
citizen of the United States for five years, and a qualified 
voter of this State for three years next before his election or 



94 



CIVIL GOVERNMENT OF MISSOURI. 



appointment. Each Circuit Judge receives annually from 
the State $3,000 and his expenses in attending court when 
held in any other town than that in which he resides. In St. 
Louis this salary is raised by the city to $5,500, and in Jack- 
son county to $3,500 by the county. 

135. Assistants. — In each county there is a circuit 
clerk, and a sheriff to assist the judge in holding court. 
There is also a grand jury of twelve men to investigate 
charges and present indictments against persons they may 
believe guilty of crime, and a petit jury to hear causes and 
determine the issues of fact. 

136. The Grand Jury.— The grand jury is chosen by 
the County Court or sheriff, and as nearly as possible jurors 
are taken from each township in the county, the number 
taken from each depending on the amount of its population 
as compared to that of the whole county. It is a secret body 
and all of its members are sworn never to divulge any of its 
proceedings. Nine of its members can find a "true bill." 
Its duty is to investigate, "without hatred, malice, fear, 
favor, or affection," any crime that has been committed in 
the county, and for this purpose it can send for witnesses in 
any part of the State. After it is convinced that a crime has 
been committed and has agreed upon an indictment against 
the supposed criminal, its chief duty is to aid the prosecuting 
attorney in discovering evidence that will lead to conviction. 

137. The Petit Jury. — But an indictment is no evi- 
dence of the guilt of the accused. It simply indicates such a 
probability of guilt as will warrant the State in trying him. 
Decidedly a different aspect may be put on the case when 
his side of the story is heard. It is, therefore, necessary that 
a jury of impartial men be chosen to hear both sides and 
decide the question of his guilt. For that purpose, where the 



THE COURTS. 



95 



indictment charges a capital offense, a panel of forty men is 
made, and from a list of these the State challenges, or strikes 
off, eight, and the defendant twenty. In all other felony 
cases and in all civil cases, the panel consists of a less num- 
ber, and a less number of challenges is allowed. The jurors, 
in making up their verdict, must agree. Unless they do agree, 
there is no verdict, but they may use their own methods in 
arriving at this agreement. "Trial by jury of one's peers" 
has been the pride of the Anglo-Saxon race for six hundred 
years, and its hold upon the people, as the best system ever 
devised for administering law, has strengthened with the cen- 
turies. 

138. A Civil Trial. — A trial as defined in the statute, 
'*is the judicial examination of the issues between the par- 
ties, whether they be issues of law or of fact." The party 
bringing the suit is styled the plaintiff, and the other party 
the defendant. The first step in a case is the filing with the 
clerk of a paper called the petition which sets forth the plain- 
tiff's claim or cause of action. Then the clerk issues a sum- 
mons to the defendant to come into court and make defense. 
A copy of this summons is delivered to the defendant by the 
sheriff. He appears by his attorney and files a paper of his 
own, called an answer to plaintiff's petition. Then a jury is 
impaneled, if it is a purely civil case and either party 
demands a jury. The plaintiff first introduces witnesses to 
support his claim, and then the defendant witnesses to uphold 
his side. Then the judge instructs the jury as to what is the 
law governing the point at issue, the lawyers make argu- 
ments for their respective clients, the jury retires and makes 
up its verdict, and this is formally entered in the records of 
the court, and is made the basis of the judgment, which is 
the final determination of the rights of the parties to the 
action. After this is entered on the records of the court, an 



96 



CIVIL GOVERNMENT OF MISSOURI. 



execution, or written order, is issued, directed to the sheriff, 
commanding him to find, if possible, enough of the property 
of the losing party to pay the judgment. The sheriff seizes 
such property, if it is not such as cannot be seized for debt, 
sells it at public auction, and turns the proceeds over to the 
party who was successful at the trial. If it is an eqity cause 
the proceedings are exactly the same, except the cause is 
submitted to the judge instead of the jury and no instruc- 
tions may be asked. 

139. A Criminal Trial. — In a criminal case the plain- 
tiff is the State and its lawyer is the prosecuting attorney. 
The first paper filed in such a case is an indictment presented 
by the grand jury. When that is filed, the clerk issues a 
summons to the sheriff to arrest the indicted person. If this 
is done, the prisoner is brought into court, a jury sworn to 
try the cause, the indictment read, witnesses introduced by 
the State to show that the indictment is true, and by the 
defendant to show that it is not true ; the court instructs the 
jury, the lawyers make their arguments, and the jury retire 
and either find the defendant "not guilty," or "guilty" and 
assess his punishment. Then he is sentenced by the judge, 
and the sheriff takes him in custody and sees that the sen- 
tence of the court is carried out. 

140. Appeals. — All cases tried in the Circuit Court 
maybe appealed. If the case involves a misdemeanor or an 
amount of money less than $3,500, the appeal is to the 
Kansas City Court of Appeals or to the St. Louis Court of 
Appeals. If the case involves a felony, or title to land, or 
an amount of money larger than $2,500, or a construction 
of the Constitution or of the revenue laws, or title to office, 
or if a county is a party to the suit, the appeal is to the 
Supreme Court. 



THE COURTS. gy 

141. The Courts of Appeals. — These are the St. 
Louis Court of Appeals and the Kansas City Court of 
Appeals. In late years so many cases were appealed to the 
Supreme Court that its work became more than it could per- 
form. These courts, therefore, were established to finally 
decide less important cases on appeal. Each has three 
judges who hold office for a term of twelve years. Each 
judge of the Kansas City court receives from the State a sal- 
ary of $3,500 per year, while each judge of the St. Louis 
Court receives $5,500. The two courts together embrace 
the whole State. Decisions by these courts must conform to 
prior decisions on the 'same subject by the Supreme Court. 

142. The Supreme Court. — This is the highest State 
court in Missouri. It is composed of seven judges, each of 
whom is elected for ten years, and each receives an annual 
salary of $4,500. For the purpose of convenience and more 
expeditious work, the court is at present divided into two 
divisions, Division One and Division Tw^o. Division One 
has four judges, and considers only civil and equity cases; 
Division Two has three judges and decides all kinds of 
cases, but especially criminal cases. If the judges of either 
division disagree, the case maybe sent to the Court In Banc, 
which consists of all the judges. The Supreme Court exer- 
cises a general superintending control over all the other 
courts of the State. When a case is taken to it by appeal it 
is not tried again, but a copy of the pleadings, evidence, 
instructions, verdict and judgment is sent to it, and it simply 
affirms the verdict of the court below, or points out the error 
that has been committed and remands the cause for a new 
trial, or if the case has no merit it simply reverses and dis- 
misses it. 

143. The Reports. — The opinions of the Supreme 
Court are preserved and printed in books called the Missouri 

7 



98 



CIVIL GOVERNMENT OF MISSOURI, 



Reports. Like publication is made of the opinions of the 
Courts of Appeals in a set of volumes called the Missouri 
Appeal Reports. This has been the case ever since the 
courts were established, and all the opinions thus published 
now make up more than two hundred volumes. 

Questions on Chapter V, 

1. What are the courts of the State? (124) 

2. What is the county court? ('124) 

3. What courts are considered in this chapter? (124) 

4. How are laws divided? (125) 

5. How is civil law divided? (125) 

6. What is common law? (125) 

7. Where is it found? (125) 

8. What is statutory law? (125) 

9. Bj whoin are common law cases tried? (125) 

10. What is the use of equity law? (125) 

11. By whom are equity cases tried? (125) 

12. What is a misdemeanor? (125) 

13. A felony? (125) 

14. What is said of justices of the peace? (126) 

15. What suits may be tried before them? (126) 

16. What is a verdict? (126) 

17. To what courts are appeals from them? (126) 

18. Who can appeal? (126) ^ 

19. What kind of criminal cases can a justice try? (126) 

20. Can they try an equity case? (126) 

21. What is said of constables? (127) 

22. What are the duties of the Probate Courts? (128) 

23. When must debts be paid? (128) 

24. What can be sold to pay debts? (128) 

25. Distinguish between administrator and executor. (128) 

26. Any jury in Probate Courts? (128) 

27. Can a will deprive a widow of dower? (128) 

28. What is a final settlement? (128) 

29. To what court are appeals from a Probate Court? (128) 

30. What is a homestead? (129) 

31. For what debts can it be sold? (129) 

32. What is the value of a homestead? (129) 



THE COURTS. on 

33. What is a widow's dower? (130) 

34. What is husband's curtesy like? (131) 

35. What is it? (131) 

36. What must precede his right to curtesy? (131) 

37. Suppose a child survive her? (131) 

38. Her child or his child? (131) 

39. If the widow dies childless what is his curtesy? (131) 

40. What is said of Circuit Courts? (132) 

41. What cases can they try? (132) 

42. Of what have they superintending control? (132) 

43. What other courts in some counties? (132) 

44. How many circuits, and the judge's term? (132) 

45. In what circuit do you live? (133) 

46. What counties in it? (133) 

47. Who is the Circuit Judge? (133) 

48. What are his qualifications and salary? (134) 

49. What assistants has he? (135) 

50. How is the grand jury chosen? (136) 

51. Has it any secrets? ('136) 

52. How many can find an indictment? (136) 

53. What are its duties? (136) 

54. Can one be tried tor a felony without indictment? (125) 

55. Does an indictment prove guilt? (137) 

56. How is a petit jury chosen? (137) 

57. How many jurors does it take to make a verdict? (137) 

58. What is said of trial by jury? (137) 

59. Describe the various steps of a civil trial? (138) 

60. What is a judgment? (138) 

61. What is an execution? (138) 

62. Describe various steps in criminal trial? (139) 

63. What cases may be appealed? (140) 

64. To what courts? (140) 

65. Describe the Courts of Appeals? (141) 

66. The Supreme Court? (142) 

67. How is a case taken to that court? (142) 

68. What are ''pleadings" in court? (The petition and answer.) 
(142) 

69. What are the reports? (143) 



lOO 



CIVIL GOVERNMENT OF MISSOURI. 



Topical Outline of Chapter V. 



Courts. < 



I. 



Divisions. 
Laws. I I 



{I. Common Law. 
2. Statutes. 
3. Equity 

Criminal Law. \ 

Justices of the Peace. 
Constables. 



Misdemeanors. 
Felonies, 



Probate 
Courts. < 



I. Estate of Deceased 
Persons. 



f I. Administrators, 

j 2. Executor. 

1 3. Debts. 

(^4. Settlements. 



6. Homestead. 



2. Estates of Minors 
and Lunatics. 
"i. Against Debts. 

2. Value and Size. 

3. Duration. 



{I 



Guardians. 
Curators. 



7. Dower. 

8. Curtesy. 



1. In Land. 

2. In Personal Property. 
', 3. Child's Part. 

1^4. Childless Husband. 



Circuit 
Courts. \ 



I. Judge. 



2. Assistants. 



1. Clerk. 

2. Sheriff. 

3. Grand Jury. 

4. Petit Jury. 



3. Civil Trial. < 



'i. Petition. 

2. Summons. 

3. Answer. 

4. Impaneling Jury. 

5. Examining Witnesses. 

6. Instructions. 

7. Argument. 

8. Verdict. 

9. Judgment. 

10. Execution. 



4. Equity Trial. 



^5. Criminal 
Trial. 

10. Appeals. 

11. Courts of Appeals. 

12. Supreme Court. 
^13. Reports. 



1. Indictment. 

2. Arrest. 

3- Jury. 

4. Examining Witnesses. 

■^ 5. Instructions. 

6. Argument. 

7. Verdict. 

8. Sentence. 

9. Execution. 



CHAPTER VI. 
COUNTIES. 

144. Relations to the State. — The county is the 

most important subdivision of the State. Here local gov- 
ernment, or self-government by the people, bears its richest 
fruit. There are one hundred and fourteen counties and the 
city of St. Louis in Missouri. Each county has certain 
officers elected by the people. They are the County Clerk, 
Sheriff, Circuit Clerk, three Judges of the County Court, 
t*robate Judge, Recorder of Deeds, Prosecuting Attorney, 
Treasurer, Collector, Assessor, Surveyor, Public Adminis- 
trator, and Coroner. 

145. Boundaries. — Each county in the State v\^as 
organized by the Legislature, which fixed its boundaries. 
These boundaries can not be changed except by the Legis- 
lature. 

146. County Seat. — The county seat is the seat or 
center of the county government. It is usually where the 
court house is. It can be changed only by a vote of the 
people of the county. In the court house are kept all the 
county records, and the county officers have offices there, 
and the terms of court ard" held therein. 

147. The County Court. — The County Court con- 
sists of three officers, called county judges. One of these is 
elected from the whole county for four years and is called 
the Presiding Judge. The other two are elected for two 
years each, one from one half of the county and the other 
from the other half. This court meets every three months 
and sometimes once a month, and is charged with levying 
taxes upon the inhabitants of the county to pay the expenses 



I02 CIVIL GOVERNMENT OF MISSOURI. 

of the county government and of the public schools of the 
county, and also the taxes each county is required to con- 
tribute as its share for supporting the State Government. 
This money is needed for paying some of the county officers 
and all the State officers and the judges of Circuit and 
Supreme Court and Courts of Appeals, for their services; 
for building bridges and working roads; for caring for pau- 
pers and indigent insane persons ; for paying the county's 
debts and the expenses of elections ; for prosecuting crimi- 
nals and maintaining the authority of Government. It is also 
charged with seeing that these taxes are properly collected, 
and safely kept, and disbursed as the law requires. If any 
person has a claim against the county he presents it to this 
court for allowance, and if it is allowed by the court the 
County Clerk is directed to issue a warrant for the amount, 
which, when signed by the Presiding Judge and the Clerk, 
may be paid by the County Treasurer. No money can be 
expended by the county for any purpose except by the direc- 
tion of this court. It also appoints all judges and clerks of 
elections in each county and establishes voting places, and 
may aid the County Clerk in counting the votes cast for each 
candidate. It exercises a superintending control over all 
county officers, and is charged with seeing that they do not 
appropriate funds belonging to the county. 

148. County Clerk.— The County Clerk records in 
proper books the doings of the County Court. He appor- 
tions to each inhabitant of the county, according to the assess- 
ments made by the Assessor and Board of Equalization and 
to the levy made by the County Court, the amount of taxes 
to be paid by him, and he also apportions to each school dis- 
trict the amount of county school funds to which it is enti- 
tled for conducting its schools. His books are, therefore, a 
check on the County Collector and on the County Treasurer. 



COUNTIES. 



103 



149. County Collector and County Treasurer. 
After the County Clerk has, in this way, apportioned to each 
inhabitant the amount of taxes due from him, and made 
proper entry thereof in the tax book, he turns this over to the 
County Collector, who proceeds to collect the taxes. Hav- 
ing done this, either peaceably by voluntary payments, or by 
seizure and sale of the taxpayer's personal property, or by 
suit for taxes against his land, the Collector remits to the 
State Treasurer the State's share, and turns the rest of 
the money over to the County Treasurer, and the Treasurer 
pays it out on warrants directed to be issued by the County 
Court. Each of these officers is required to make annual 
settlement with the County Court, which goes carefully over 
their books and counts the cash on hand to see that they have 
faithfully applied all the money received by them as the law 
directs. 

150. The Assessor. — The Assessor values the land 
and other property in the county for purposes of taxation. 
He makes return of his work in books prepared for the pur- 
pose, to the County Clerk, and at the proper time the County 
Court fixes the rate per cent of taxation for the whole county, 
and then the County Clerk calculates how much taxes, 
according to this rate and the valuation fixed by the Assessor, 
is due against each piece of land in the county or against the 
personal property of each individual. Sometimes the County 
Boa7'd of Equalization., which is composed of the three 
judges of the County Court, the Surveyor and the Assessor 
(or the Sheriff in counties having township organization), 
aided by the County Clerk as secretary, increases or diminishes 
the valuations made by the Assessor to correspond with the 
changes made by the State Board of Equalization. This is 
done by increasing or decreasing, by a uniform per cent, the 
Assessor's valuation of the property of each person assessed, 



I04 CI FIL GOVERNMENT OF MISSOUBL 

and the valuation as fixed by this board is the amount of 
property on which such person is required to pay taxes. 
The rate of increase made in this way is sometimes ten or 
twenty per cent above the Assessor's valuations. 

151. Rate of Taxation. — The Constitution fixes a 
maximum rate of taxation for county and township purposes. 
If the property in a county is assessed at less than six million 
dollars the rate can not exceed fifty cents on the hundred 
dollars valuation. Where the valuation is between six and 
ten million dollars, the rate can not exceed forty cents on the 
hundred dollars. If the valuation is over ten million and less 
than thirty million dollars, the highest rate permissible is 
fifty cents on the hundred dollars; in counties having thirty 
millions or more, the rate for these purposes can not exceed 
thirty-five cents on the hundred dollars valuation. The 
rates for school purposes -will be noticed in the chapter con- 
cerning public schools. 

■ 152. Circuit Clerk. — This ofiicer is the clerk for the 
Circuit Court. Reissues summonses, subpoenas for witnesses, 
and w^arrants for the arrest of indicted persons, and keeps 
in suitable books a record of the doings of the court. He 
administers oaths to grand juries and petit juries and swears 
witnesses. In some counties he is also ex officio recorder. 

153. Sheriff. — The Sheriff is the executive officer of 
the County Court, Circuit Court and Probate Court. He sub- 
poenas witnesses, serves summonses, makes arrests, and car- 
ries out the orders of the courts. He is the chief peace 
officer of the county, and, in order to preserve the peace 
against any general and sudden defiance of law, can com- 
mand every able-bodied man in the county to assist him. 
This is Cdllod posse comitatus^ which means "the power of 
the county." In some counties he is ex ojfficio collector, 
also. 



COUNTIES. 



105 



154. The Prosecuting Attorney. — The Prosecuting 
Attorney is the legal adviser of the County Court and all other 
county officers. His chief duty consists in prosecuting men 
who have been indicted or arrested for crime. In most 
counties he also represents the county in all suits brought by 
or against it, but in a few of large population there is a 
county counsellor to attend to the civil business of the 
county. 

155. The Recorder of Deeds. — This officer copies 

in large volumes all deeds conveying land in his county, all 
wills devising land, all mortgages and deeds of trust, and all 
chattel mortgages. These records are open to the inspection 
of all persons. It is through these records that the titles to 
lands are traced and the owners thereof ascertained. 

156. The Surveyor. — The Surveyor lays out such 
new roads as the county court may direct to be opened. He 
also fixes the boundary lines of the land of private citizens, 
when requested to do so. 

157. Public Administration. — When one dies, let- 
ters of administration are granted, first, to the husband or 
wife, and, secondly, to those entitled to a distributive share 
of the estate, or one or more of them, if they are residents of 
the State. But sometimes it happens that one dies without 
any relatives, or such relatives are residents of other States, 
or are minors, or are not able to make the necessary bond. 
In such cases the Probate Court may appoint any suitable 
person administrator; or the Public Administrator, who has 
been elected by the people, comes forward and takes charge 
of the estate, and proceeds to administer it, under the direc- 
tions of the court. 

158. The Coroner. — It is the duty of this officer to 
examine into the cause of any sudden or suspicious death or 



lo6 CIVIL GOVERNMENT OF MISSOURI. 

killing in his county, and if necessary require the arrest of 
any person suspected of causing such death. He may be 
aided by a jury of six men. 

159. Compensation of Officers. — The pay of all 
county officers is regulated by law. In most cases the 
amount is dependent upon the amount of business pertaining 
to the office or the number of inhabitants in the county. 
Most of them are permitted to charge fees for each duty per- 
formed, and the total amount or a part of the fees for the 
year constitute their remuneration. In some counties these 
fees amount to but little, in others to a very large sum ; but 
in most of them the average compensation of the better offi- 
ces is about $1,200 or $1,500 per year, besides the deputy 
hire. But prosecuting attorneys and treasurers are allowed 
a small salary in addition to their fees. The pay of a county 
judge is $5 per day while attending the sessions of his court, 
and mileage. 

160. Townships. ^ — Each county is divided into munic- 
ipal townships, whose size and boundaries are made to suit 
the convenience of the inhabitants. These townships are 
given names just as the counties are, such as Richmond, 
Sugar Creek and Happy Hollow. In each township there 
is an election precinct, or voting place, and sometimes more 
than one. 

161. Township Organization. — In seventeen coun- 
ties in Missouri there is what is known as township organiza- 
tion. Under such a system the officers of a township are 
increased and those of the county decreased. Each township 
then has a Township Board, consisting of a president, clerk, 
treasurer and two other members, whose duty it is to open 
up new roads, pay overseers for working the same and auth- 
orize the building of small bridges. Instead of a county 



COUNTIES. 



107 



assessor, the property is assessed by the township clerk, and 
instead of a county collector there is a collector for each 
township. 

Questions on Chapter VI. 

1. What have you to say of the county? (144) • 

2. How are the county officers chosen? (144) 

3. Name them. (144) 

4. How are the county boundaries fixed? (145) 

5. What is the county seat? (146) 

6. How can it be changed? (146) 

7. Of what does the County Court consist? (147) 

8. Distinguish them. (147) 

9. What is the court's duty in reference to taxes? (147) 

10. How is this money raised? (147) 

11. What other control has it oyer taxes? (^147) 

12. What has this court to do with elections? (147) 

13. What are the duties of the county clerk? (148) 

14. What important duty in reference to taxes? (148) 

15. On whom are his books a check? (148) 

16. What are the duties of Collector and Treasurer? ( 149) 

17. How are these of&cers related to the County Court? (149) 

18. What are the duties of Assessor? (150) 

19. What are the successive steps toward assessing taxes? (151) 

20. What is said of Circuit Clerk? (152) 

21. What is said of Sheriff? (153) 

22. Whom can he command to assist him? (153) 

23. What is said of Prosecuting Attorney? (154) 

24. Define duties of Recorder? (155) 

25. The duties of Surveyor? (156) 

26. Who are entitled to priority in administrations? (157) 

27. When can the public administrator step in? (157) 

28. The duties of the Coroner? (158) 

29. What about the pay of county officers? (159) 

30. What is a municipal township? (160) 

31. An election precinct? (160) 

32. How many in each township? (160) 

33. How many in yours? 

34. Is your county under township organization? 

35. If so, tell all that is said on this subject? (161) 



loS 



CIVIL GOVERNMENT OF MISSOUBL 



Topical Outline of Chapter VI. 





' I. 


Relation to State. 






2. 


Boundaries. 








' I. 


Members. 




3- 


County Courts. < 2. 


Sessions. 






1.3- 


Duties. 




4- 


County Clerk. 




• 


5- 


Collector. 






6. 


Treasurer. 






7- 


Assessor. 






8. 


Rate of Taxation. 




Counties. < 


9- 


Circuit Clerk. 






lO. 


Sheriff. 






II. 


Prosecuting Attorney. 




12. 


Recorder. 






13. 


Survejor. 






14. 


Public Administrato 


r. 




^5- 


Coroner. 






16. 


Compensation. 






17. 


Townships. 






. 18. 


Township Organization. 



CHAPTER VII. 
CONGRESSIONAL TOWNSHIPS. 

162. Defined. — Congressional townships are to be dis- 
tinguished from municipal townships. The municipal town- 
ship is an irregular subdivision of a county made by the 
County Court. A congressional township is a square body of 
land bounded by lines running east 'and west which are 
crossed by other lines running north and south in such man- 
ner that each side of the square is six miles long. It is a 
regular subdivision of nearly all of the lands of the country 
west of the Mississippi river, and in other parts of the United 
States, made by Government surveyors, for the ready con- 
veyance of land to purchasers. Here these subdivisions 
were made about the time Missouri became a State, in ac- 
cordance with an act of Congress, and hence their names. 

163. Necessity for Understanding Them. — We 

have all heard of sections, townships and ranges in describ- 
ing land transfers. These terms are used in finding or 
"locating" every farm in almost every county, and in laying 
out every town and city in the State. 

164. How Made. — The Government surveyors first 
agreed upon "base lines" and "principal meridians." There 
are many of these in the United States, but the base line 
from which Missouri lands were surveyed runs east and west 
through Arkansas near the center of that State and within a 
few miles of Little Rock, and the principal meridian from 
which these surveys were made is the Fifth Principal Merid- 
ian, which runs north and south through the eastern part^of 
the State, about thirty-six miles west of St. Louis. It is 
fourteen degrees of longitude west from Washington. 

1 09 



no CI yiL GO VEENMENT OF MISSO UBL 

165. Ranges. — Other lines parallel with the Fifth 
Principal Meridian, and just six miles apart, were run by the 
surveyors, and all the territory between any two of these 
lines is called a range. All the land within six miles of the 
Fifth Principal Meridi-an is Range i, and that between the 
next two range lines is Range 3, and so on westward to the 
western border of the State, and eastward to the Mississippi 
river. A range then is six miles wide. If your range is 21 
west, that indicates that there are twenty ranges between 
yours and the Fifth Principal Meridian, and that you live 
west of that Meridian. 

166. Townships. — Other lines six miles apart and par- 
allel with the base line, are run east and west through the 
State, so that the whole State is divided into a kind of 
checker board, or squares of six miles. Each of these squares 
is a congressional township. These townships are numbered 
consecutively north from the base line. If you live in 
township 49, that indicates that there are forty-eight 
townships south of yours between you and the base line, 
and it also indicates that every township due west or due 
east of yours, entirely through the State, is also numbered 
49. 

167. Sections. — Each township is divided into sections. 
A section is a piece of land one mile square. So each town- 
ship contains thirty-six sections. These are also numbered. 
The first section in the northeast corner of the township is 
section i. The one just west of it is section 3, and so on to 
the last section in the northwest corner of the township, which 
is section 6. The one just south of section 6 is section 7, 
and the one just east of that is section 8, and so on to the 
last section at the east side of the township, which is section 
13. Right south of section I3 is section 13, and then the 
count is back to the west again, and then back to the east, 



CONGRESSIONAL TOWNSHIPS. m 

and so on in this looping order until section 36 is found in 
the southeast corner of the township. The corner of each 
section was originally marked by a long stone set into the 
ground, and township corners by yet larger stones. 

168. Subdivisions of Sections. — Each section is 

divided into four parts, called "quarter sections." They are 
the northeast quarter, the northw^est quarter, the southeast 
quarter, and the southwest quarter. Each contains one 
hundred and sixty acres. And each quarter section is again 
divided into four equal parts, so that forty acres in the south- 
east corner of the section is described as the southeast quar- 
ter of the southeast quarter, 

169. How Used. — This system of describing land is 
used in conveyancing, or in making and delivering deeds. 
In a deed to a farm the land is rarely described in any other 
way, but the building or lot in a town or city is described in 
deeds by the number of the lot, the number of the block, and 
the name of the addition wherein it is located. But these 
numbers have been made to conform to a plat of the town 
or city, recorded with the Recorder of Deeds, which plat was 
arranged from the numbers of the section, township, and 
range. So that this United States Surveyor's system will be 
the basis for describing real estate in all conveyancing for 
many years to come. 

170. Title. — Title is the foundation of one's ownership 
of real estate ; it is the written instruments whereby his right 
to the land is established. It consists of a patent from the 
United States, and all deeds and wills concerning the land 
from the date the patent was issued up to the present time. 
To be a perfect title each deed in the series must be a per- 
fect instrument and the maker thereof must have been the 
actual owner. Such a "chain of title" is rare. But the Leg- 
islature has provided against any injury that might result to 



112 



CIVIL GOVERNMENT OF MISSOURI. 



the actual owner because of these imperfections, in the Stat- 
ute of Limitatio7ts. By that statute any person who has 
been in the actual, adverse, and exclusive possession of prop- 
erty for ten years is the owner, and can not be dispossessed 
unless the person dispossessed is a minor or a married woman, 
in which case such possession must be for a longer term of 
years. This is one of the most beneficent statutes ever writ- 
ten. If it were repealed the greatest confusion would result, 
and no householder would be secure in his home. 

For a better understanding of the discussions of this chap- 
ter a map is hereto subjoined, showing the southeast quarter 
of the southeast quarter of section 36, of township 50 north, 
of range 30 west, in Saline county, in the State of Missouri. 

N 



TOWNSHIP 






TOWNSHIP 




SI. 






si- 
Range 20. 




Range 21. 










TOWNSHIP 


6 


5 


4 


3 


2 


I 


7 


S 


9 


TO 


II 


12 


Li 


17 


16 


IS 


14 


13 






50 








SO. 


19 


20 


21 


22 


23 


24 


30 


29 


2S 


27 


26 


25 




31 


32 


33 


34 


35 


-3 


^ 


e 
















S 


se 



CONGRESSIONAL TOWNSHIPS. 
Questions on Chapter VII. 

1. How are Congressional townships distinguished'? (162) 

2. Describe each. (162) 

3. Whence the name of these townships? (162) 

4. Why necessary to understand these divisions? (163) 

5. How made? (164) 

6. Discuss ranges fully . (165) 

7. What are townships? (166) 

8. How made and numbered? (166) 

9. The same question as to sections? (167) 

10. What are the subdivisions of sections? (168) 

11. The subdivisions of quarter sections? (168) 

12. Where is this system used? (169) 

13. Is it used in describing town property? (169) 

14. On what is a city based? (169) 

15. What is title to land? (170) 

16. Of what does it consist? (170) 

17. What is necessary to a perfect title? (170) 

18. Are there many perfect titles? (170) 

19. What cures an imperfect title? (170) 

20. What is said of this statute? (170) 

21. Now in what section, township, and range do you live? 

Topical Outline of Chapter VII. 

1. Defined. 

2. Necessity For. 

3. How Made. 

4. Ranges. 

r^ K, Townships. 

Congressional ^ o 4.- 

rr^ < o. bections. 

Townships. ' o uj- • • ^ o <-• 

7. Subdivisions or Sections. 

o TT TT J fi* Farms. 

8. How Used. 



113 



2. Town Lots. 
Title. 
10. Limitations. 



CHAPTER VIII. 

CITIES, TO^W^NS, AND VILLAGES. 

171. Powers, How Defined. — In furtherance o£ the 
principle of local government the Constitution of the State 
has given to cities and towns the right to organize for the 
control of their affairs. Their governments are chiefly exec- 
utive, but they also have minor judicial and legislative pow- 
ers. But just as the Legislature's powers are limited by the 
Constitution, so are the powers of city government limited 
by the statutes enacted by the Legislature. A city or town 
can legally exercise no power except such as is given it by 
that body. It must not be forgotten, however, that county 
and State authority extends over cities and towns just as 
much as over any rural district. The township in which the 
city is has the same officers as any other township. But in 
addition thereto, the city has certain other officers. These 
are mayor, board of aldermen, clerk, collector, treasurer, 
assessor, police judge, and marshal, and yet other officers 
for the larger cities. 

172. Necessity for City Government. — It is neces- 
sary to have local officers to look after the affairs of a town. 
Wherever men congregate there is danger of disorder. Police- 
men and marshals are needed to see that the little jarrings 
that come from rivals in business do not lead to infractions 
of the law, and to quickly suppress the vicious and lawless 
persons that often gather about towns. Besides, streets, 
sidewalks, and sewers must be constructed, lights and water 
provided, nuisances abated and fires prevented. The County 
Court can provide for none of these things. It is, therefore, 
to promote the general welfare of the people that city gov- 
ernment is established. 

m 



s CITIES, TOWNS, AND VILLAGES. 115 

173. Incorporation. — Before the adoption of the pres- 
ent Constitution the inhabitants of a particular town, desiring 
to organize as a city, applied to the Legislature for a special 
charter of incorporation defining the powers of the city and 
describing its territorial boundaries. But as the Constitution 
prohibits the passage of any law that violates vested rights, 
either of a private citizen or of any corporation, some cities 
yet have these special charters. They can not be taken from 
them, but may voluntarily be surrendered by a majority of 
the voters. But a city can not be incorporated by a special 
charter from the Legislature under the present Constitution. 
That instrument directed the enactment of a general law 
under which cities should be classified and organized accord- 
ing to the number of their inhabitants. The same powers 
are given by the statute to each city of the same class. 
Whenever an unorganized city or tow^n now wishes to incor- 
porate, a petition is signed by the majority of its taxable 
inhabitants and presented to the County Court. The court 
enters on its records an order declaring such a city incor- 
porated, defining its boundaries, and designating its first 
set of officers, who hold office until the time of the next reg- 
ular election for all cities of its class, as fixed by law. 

174. How Governed. — Cities are governed by ordi- 
nances passed by the city council. These ordinances pre- 
scribe the duties of each officer and undertake to punish 
only such crimes as may be classed as misdemeanors. But 
there are other ordinances defining the w^idth of the streets, 
directing the making of sidew^alks, defining the limits in 
which wooden houses may be constructed, and prescribing 
rules for the control of light and waterworks, sewers and 
street raiUvays and the management of parks. 

175. Classes. — Cities in Missouri are divided into four 
classes, according to population. All cities having five 



Il6 CIVIL GOVERNMENT OF MISSOURI. 

hundred inhabitants and not more than three thousand, aud all 
towns of ]ess than five hundred inhabitants existing by rea- 
son of any special law, are cities of the fourth or lowest class ; 
those having three thousand inhabitants and less than thirty 
thousand, are cities of the third class; those having thirty 
thousand inhabitants and less than one hundred thousand, 
are cities of the second class ; and those having one hundred 
thousand inhabitants or more, are cities of the first class. 
These classes differ in the powers delegated to each, the 
higher the class the greater its privileges. A city of one 
class having the requisite population may become one of a 
higher class when a majority of its legal voters ratify an 
ordinance making such change. But these classifications do 
not apply to cities which are organized by reason of a special 
charter from the Legislature. All towns of less than five 
hundred inhabitants, not now incorporated, are declared to be 
villages. 

176. Cities of Fourth Class— 500 to 3,000— 

There are about two hundred cities in Missouri belonging to 
this class. Each has the officers named in the first section of 
this chapter. The mayor is the chief executive officer. 
He exercises supervision over all other officers, appoints its 
minor officers, and may with the board of aldermen remove 
from office any officer. An ordinance can not become oper- 
ative unless it receives his approval, but if vetoed by him 
it may be again passed by two thirds of the members of the 
council, and it then becomes a law and can be enforced. These 
are the general powers of mayors in cities of every class. 

177. Board of Aldermen. — Each city of the fourth 

class is divided into not less than two wards, and from each 
ward the people elect two aldermen, and the whole number 
of such aldermen is called the board of aldermen. It 
passes all the ordinances of the city, allows accounts against 



CITIES, TOWNS, AND VILLAGES. nh 

it, requires a settlement from each officer, levies the taxes, 
sells franchises to companies to construct electric and gas 
light plants, or, when authorized by two thirds of its voters, 
constructs such plants at the expense of the city, and other- 
wise controls the city's affairs. In cities of a higher class 
some of its duties are performed by an auditor, comptroller 
and board of public improvement. 

178. Marshal. — The marshal is the chief police offi- 
cer of cities of the fourth class. It is his duty to preserve 
order on the streets and see that they are not obstructed, to 
make arrests, and watch the conduct of suspected persons. 
He can arrest any person he may observe violating the ordi- 
nances, and all other persons against whom a warrant has 
been issued. 

179. Police Judge. — This officer issues warrants for 
the arrest of persons charged with misdemeanors. When 
any person is brought before him by a marshal or a police- 
man he may have a jury called to try him, or if a jury be 
waived the police judge alone may try him. A person con- 
victed of crime, he may commit to jail unless his fine is paid 
or an appeal is taken to the Circuit or Criminal Court. Where 
the ordinances of a city have not created a police judge, his 
duties are performed by the mayor. 

180. Duties of Other Officers. — The duties to be 

performed by clerk, assessor, collector and treasurer are 
similar to those required of the county officers of the same 
name, except that the clerk transcribes all ordinances into 
the general ordinance book. The term of all these officers 
of cities of the fourth class is two years, but one half the 
aldermen are elected each year. 

181. Cities of the Third Class— 3,000 to 30,000. 

Cities of the third class have a few more privileges than 



II S CIVIL GOVERNMENT OF MISSOURI. 

those of the fourth class. More policemen may be provided 
for and the city may build a hospital and construct a system 
of sewerage, and exercise other powers. Its affairs are reg- 
ulated by a council composed of two councilmen from each 
ward, and the entire number of wards shall not be less than 
four. 

182. Cities of the Second Class— 30,000 to 

100,000.— Cities of this class have yet greater privileges. 
They may make more rigid ordinances to prevent. fires, may 
sell real property for taxes, may control the construction of 
street railways and may establish rigid sanitary regulations. 
Its legislative functions are vested in ?iCommo7t coitncil^ com- 
posed of two aldermen from each ward, one of whom is 
elected by the people of the ward and the other by the voters 
of the city at large. 

183. Cities of the First Class— 100,000 or More. 

The ordinances of a city organized as a city of the first 
class are passed by a "municipal assembly" composed of 
two houses, the "council" and the "house of delegates." 
The council consists of thirteen members elected from the 
city at large for a term of four years, and the house of dele- 
gates has one member from each ward elected for a term of 
two years. In all cities of this class the law provides for a 
system of registratioit of voters., by which lists of voters by 
wards and precincts are made a few weeks in advance of an 
election, and then no person whose name is not found on 
such a list can vote. This is done to prevent fraud on the 
ballot. There is no law requiring registration of voters in 
any county or city except in cities having more than twenty- 
five thousand inhabitants. 

184. Kansas City.— Under the Constitution a city 
having more than one hundred thousand inhabitants may 



CITIES, TOWNS, AND VILLAGES. up 

frame a charter for itself and when this is adopted by four 
sevenths of its qualified voters, it supersedes any existing 
charter, and may itself be amended at any subsequent time 
by an ordinance adopted by a vote of the people. But such 
charter must always be in harmony with and subject to the 
Constitution and laws of Missouri. Under this provision 
and an enabling act of the Legislature, Kansas City was 
organized with a new charter in 1SS7. There is a Common 
Council of two houses, called the Upper House and the Lower 
House. The L^pper House consists of as many members as 
there are wards, and they are elected by the voters of the city 
at laro-e. The Lower House consists of one member from 
each ward elected by the people thereof. An ordinance to be 
in force in the city must be passed by each house and be 
approved by the mayor. The police department of the city is 
managed by a board of police commissioners, composed of the 
mayor, and two or more commissioners appointed by the 
Governor. This board appoints policemen and controls and 
regulates the duties and discipline of all peace officers of the 
city. Too much importance can not be attached to the 
efficiency of the police of a city. The value of all property 
therein depends to some extent upon its faithful performance 
of duty. 

185. City of St. Louis.— By the laws of Missouri the 
city of St. Louis was many years ago set off to herself, entirely 
free from the county in which situated. In other words, the 
city and county governments there are consolidated. There 
are no county officers, but their usual duties are performed 
by officers of the city. These are circuit judges, criminal 
judges, police judges, justices of the peace, mayor, collector, 
auditor, recorder of deeds, sheriff, and other officers elected 
by the city and paid out of its treasury. The city also col- 
lects and turns over to the State its share of the State taxes 



I20 CIVIL GOVERNMENT OF MISSOURI. 

just as does a county. But the police department is gov- 
erned by a board of commissioners. Four commissioners 
are appointed by the Governor, and the mayor is ex officio 
its president. This arrangement for the city of St. Louis 
was made through what is known as its Scheme and Charter. 
The legislative powers of St. Louis are vested in the Munic- 
ipal Assembly, composed of a Council and a House of Del- 
egates. There are a great number of officers provided for a 
systematic government of its municipal affairs, and extensive 
powers are given for curtailing the liberties of the individual 
citizen, 

186. Villages. — Provision is also made for any town of 
less than five hundred inhabitants to organize as villages. 
When a petition signed by two thirds of the taxable inhabit- 
ants is presented to the county court, it can declare such 
village incorporated. The powers and duties of village 
government are vested in a board of five trustees, and the 
first board is appointed by the County Court. It passes or- 
dinances providing for police regulation of the town and for 
the levying and collection of taxes ; and has power to appoint 
a treasurer, assessor, collector, and a constable or marshal. 

187. Elections. — The statutes of the State fix the 
time for elections in all cities in the State, except those 
organized under special charters, either on the first Tues- 
day, or the first Tuesday after the first Monday, in April. 
At least one precinct is established in each ward, and each 
voter must vote in the precinct to which he belongs. In the 
city of St. Louis the elections are not annual, and some of 
the officers are elected in April and others at the regular 
November election. 

188. Extending City Limits. — A city of any class has 
the power to extend its limits indefinitely, and take within Its 



CITIES, TOWNS, AND VILLAGES. 121 

corporate jurisdiction as much of the surrounding country as 
it desires, except that one city cannot include another within 
its boundaries unless the legal voters thereof consent. The 
limits may be extended by ordinances approved by at least a 
majority of the legal voters of the city. The inhabitants of 
the added territory have no voice in this extension, unless the 
new addition includes a part of another incorporated town, 
in which case four sevenths of the voters thereof must consent 
to be added to the other city before such extension can be 
made. But no pastoral or agricultural lands thus included 
within any city can be taxed for city purposes unless they 
have been platted and reduced to lots of ten acres or less. 
This exception, however, will not exempt the personal prop- 
erty of persons occupying such lands from taxation for city 
purposes. 

189. Rate of Taxation. — In addition to taxes levied 
for the support of the county and State, the inhabitants of a 
city must also pay taxes for maintaining the city government. 
In cities having less than one thousand inhabitants the rate of 
taxation can not, for ordinary city purposes, exceed twenty- 
five cents on the hundred dollars valuation ; in cities having 
between one thousand and ten thousand inhabitants the rate 
can not exceed fifty cents on the hundred dollars ; -in cities 
having ten thousand inhabitants and less than thirty thousand 
the rate can not exceed sixty cents on the hundred dollars ; 
and in cities of more than thirty thousand inhabitants the rate 
can not exceed one hundred cents on the hundred dollars 
valuation. All these rates, however, may be slightly 
Increased for paying indebtedness that has been authorized 
by two thirds of the voters of the city, and the Constitution 
says that such indebtedness can not exceed five per centum of 
the assessed valuation of the property within the city. The 
only way, therefore, in which taxes can be materially 



122 CIVIL GO VEBNMENT OF MISSO URL 

increased is for the assessor to increase the valuation of the 
property, and, as a check on him, the county boards of 
equalization have the right to increase or decrease his valu- 
ations in cities of the lower classes, and in cities of the first 
and second class are city boards of equalization with like 
powers to protect the taxpayer. This provision in the Con- 
stitution is of the greatest importance. Perhaps there is 
not a county court or a city council in the State that does 
not tax the people the highest rate permitted by law, and it 
was, therefore, a wise provision in the Constitution which 
fixed a mark above which taxation can not rise. 

Questions on Chapter VIII. 

1. In furtherance of what principle are city governments? (171) 

2. What is the chief character of their government? (171) 

3. How is their power limited? (171) 

4. Are they relieved from county and State authority? (171) 

5. Chief officers of a city? (171) 

6. Why is city government necessary? (172) 

7. How may a city be incorporated? (173) 

8. Was this the way before the present Constitution? (173) 

9. How is a city governed? (174) 

10. What crimes can it punish? (174) 

11. What other ordinances can it pass? (174) 

12. How many and what classes of cities? (175) 

13. How many cities of the fourth class? (176) 

14. Chief executive officer? (176) 

15. How many aldermen? (177) 

16. What are the powers and duties of the board of alder- 
men? (177) 

17. Who perform some of its duties in cities of a higher class? 

(177) 

18. What is said of the marshal? (178) 

19. What is said of the police judge? (179) 

20. What are the duties of the other officers? (180) 

21. What is said of cities of the third class? (181) 

22. And of cities of the second class? (182) 



CITIES, TOWNS, AND VILLAGES. 123 

23. What is the legislative body of cities of the first class? (183) 

24. How manj houses in the municipal assembly? (183) 

25. What is said of registration of voters? (183) 

26. What is said about Kansas City? (184) 

27. Of police department? (184) 

28. Of the efficiency of police regulations? (184) 

29. What is said of the city of St. Louis? (185) 

30. What is said about villages? (186) 

31. When are elections held in cities? (187) 

32. What cities may be exempt from this rule? (187) 

33. How may the city limits be extended? (188) 

34. How far may the limits be extended? (188) 

35. What property of the new addition can not be taxed? (18S) 

36. Does this exception apply to personal property? (188) 

37. What is the rate of taxation for cities? (1S9) 

38. How may taxes be materially increased? (189) 

39. What checks on assessor? (189) 

40. What about this provision in the Constitution? (189) 

Topical Outline of Chapter VIII. 

fi." Legislature. [Authority 

1. Powers, How Defined. I 2. Subject to State and County 

[3. Officers. 

2. Necessity for City Government. 

3. How Incorporated. 



w 
< 

> 

Q 
< 

O 

H 

w 
h 
U 



4. How Governed. 

5. Classes. 

f I. Mayor. 

j 2. Board of Aldermen, 

6. Cities of Fourth Class. <J 3. Marshal, 



7. Cities of Third Class. 

8. Cities of Second Class. 



Police Judge. 
1^ 5. Other Officers. 



^., . r ( Municipal f i. Council. 

Cities of I I . . ui -^ rj -c T-» 1 i. 

-r,. , ^1 < Assembly. 1 2. House or Delegates. 

1* irst Class. -r> ■ t. l- £ ^r 4. 

12. Registration 01 Voters. 



10. Kansas City 

11. City of St. Louis. 

12. Villages. 

13. Elections. 

14. Extending Limits, 

15. Rate of Taxation. 



CHAPTER IX. 

PUBLIC SCHOOLS. 

190. Purposes of Education. — Education is for the 
purpose of preparing one for right living. One's powers 
are increased almost in proportion as he becomes acquainted 
with the things that make a civilized and rich people, or with 
the elements that constitute a great country. The edu- 
cational duties of the State consist largely in preparing its 
children to become useful citizens. In order that every per- 
son may acquire an education, public schools have been 
established by law. The State schools are divided into dis- 
trict schools, village or city schools, normal schools and a 
university. 

191. School Districts. — Whenever there are twenty 
children between six and twenty years of age, in any locality 
not organized into a school district, the voters thereof are 
authorized to organize such a district, which may be irregu- 
lar in shape and contain any number of children of school 
age, above twenty. And in the formation of new districts by 
dividing others, all districts effected, including the one to be 
formed, must contain twenty children of school age, or no 
such division can be made. In each school district is at least 
one schoolhouse, one teacher and three directors. 

192. Annual Meeting — The law authorizes all the 
legal voters of a district to meet on the first Tuesday of April 
of each year, and (i) to elect by ballot one director for three 
years ; (3) to determine the length of the school term for the 
next year in excess of six months, and (3) the rate, if any, 
they will tax themselves in excess of forty cents on the hun- 
dred dollars valuation for maintaining the school ; and if the 

134 



PUBLIC SCHOOLS. 



125 



district has no schoolhonse or desires a new one, to vote (4) 
for the erection o£ such a house, and to determine (5) on 
what amount they will further tax themselves for such pur- 
pose ; (6) to decide on changes of the boundaries of the 
district, and (7) to vote (once in two years) for a county 
school commissioner ; and to transact other business. 

193. School Boards. —The school board consists of 
three directors, each of whom holds office for three years. 
A director must be a citizen of the United States, a resident 
taxpayer, a qualified voter of the district and must have paid 
a State and county tax within one year next preceding his 
election. 

194. Powers of School Board.— (i) The school 

board is required to m ake rules and regulations for the gov- 
ernment of the school. If it fails to do so, the teacher can 
make such rules or enforce those made for a previous teacher. 

(2) It is required to continue the school for six months in 
each year, if the tax of forty cents on the hundred dollars 
valuation and the district's share of the other school funds 
will suffice to pay the expenses of such term ; if the funds in 
its hands will be sufficient for a longer term, it can continue 
the school as many months as the annual meeting may direct. 

(3) If the annual meeting has authorized the building of a 
schoolhouse, it can issue and sell bonds of the district to 
obtain money for such building, and may direct a levy upon 
the property of the district to pay these bonds. (4) It is 
required to employ legally qualified teachers. The contract 
must be signed by the teacher and the president of the board, 
and attested by the clerk. But no contract is binding unless 
the teacher holds a teacher's certificate, which must be in 
force for the full term for which the contract is made; and no 
teacher can be discharged when once employed, till such cer- 
tificate is revoked by the county commissioner. 



126 CIVIL GOVERNMENT OF MISSOURI. 

195. City, Town, and Village Schools. — The 

statutes provide that school districts embracing cities and 
towns may, by a vote of the people, organize into a "city, 
town, or village school." Such schools have six directors, 
and a school building may be erected in each school ward, and 
one general high school may also be provided. If the school 
revenue is sufficient these schools must be kept open not less 
than seven months nor more than ten months in a year. 
Each is controlled by a board of six directors, two of whom 
are elected each year. 

196. Taxation. — Each school district is by law com- 
pelled to submit to a tax of forty cents on the hundred dol- 
lars assessed valuation of all the property therein, for em- 
ploying teachers and maintaining the school, and this rate 
may be increased by a majority of the voters to sixty-five 
cents in the country districts, and in city, town, and village 
districts to one hundred cents. If the voters have at the 
proper meeting directed the building of a schoolhouse, the 
district must submit to a further tax above that authorized 
for maintaining the school and employing teachers, of forty 
cents on the hundred dollars valuation, until this house is 
paid for, and this rate may be increased, by a vote of two 
thirds of the voters at any annual or special school meeting, 
to one hundred cents on the hundred dollars valuation 
in city, town or village schools, and to sixty-five cents in 
other districts. Thus, it is possible for the people of a city 
district to impose on themselves a tax of one per cent for 
maintaining their schools and employing teachers, and, in 
addition, to an equally large amount for building and pay- 
ing for schoolhouses. But if they do not by their votes 
choose to pay more for teachers, and are not indebted for 
their schoolhouse, the school tax can not be above forty 
cents on the hundred dollars valuation of the property of the 



PUBLIC SCHOOLS, 



137 



district, according to the county assessment ; and, even i£ they 
are indebted for building, the tax for all school purposes can 
not be above eighty cents on the hundred dollars unless the 
voters of the district choose to make it higher. Each school 
board is required to certify to the county clerk the rate of 
taxes authorized by the district, and the clerk thereupon ap- 
portions to each inhabitant of the district his share of such 
taxes, and this the county or township collector is author- 
ized to collect. 

197. School Funds. — There are several kinds of per- 
manent school funds created by law in this State for the pur- 
pose of supporting schools. The local fund has been dis- 
cussed in the last section on taxation. But in addition, there 
are the State Fund, the County Fund, and the Township 
Fund. 

198. The State School Fund.— This fund by the 

Constitution is called the "Public School Fund," and now 
amounts to more than three million dollars. It is derived 
from two sources, (i) At various times Congress granted 
to Missouri certain saline lands lying within her borders, to 
be sold, and the proceeds turned into the State treasury. By 
the Constitution this fund is invested in State or Government 
bonds and the interest is used- to support public schools. 
This fund had its origin in an act of Congress, dated June 
13, 1S13, the passage of which was secured by Thomas F. 
Riddick, an honored citizen of Missouri who afterwards 
helped to frame its first Constitution. (3) It sometimes 
occurs that persons, without known or ascertainable heirs, 
die leaving estates. The proceeds of such estates are turned 
into the State Treasury, and go to increase this fund. 

199. County School Fund. — This fund at the pres- 
ent time amounts to about four million dollars and is increasing 



1 28 CI VIL GO VEBNMENT OF MISSO UBI. 

annually at the rate of about one hundred thousand dol- 
lars. It is now derived almost entirely from fines, penalties, 
and forfeitures. The net proceeds of fines imposed in courts 
of law go into this fund, and also of bonds forfeited to the 
State. These funds belong to the several counties, and by 
the County Courts thereof are loaned on real estate, and the 
income is apportioned among the proper school districts, 

200. Township School Fund. — The first Constitu- 
tion of Missouri provided that section 16 of every congres- 
sional township should be sold and the proceeds added to a 
"Township School Fund." This fund amounts to three and 
a half million dollars. 

201. Legislative Appropriations. — The Constitu- 
tion provides that at least one fourth of the ordinary State 
revenues shall be appropriated for use of schools. For some 
time the Legislature has appropriated one third of the reve- 
nues to this purpose. The entire amount annually turned 
over to the schools from these appropriations and from the 
other school funds, aggregates nearly a million dollars. So, 
in addition to the moneys derived from local assessments, 
the public schools of this State have an endowment of more 
than ten million dollars and an annual income of nearly one 
million dollars. The entire amount annually spent for pub- 
lic schools in Missouri is nearly six and a half million dol- 
lars. 

202. State Normals.— For the purpose of training 
teachers the Legislature has established three normal schools 
— at Kirksville, Warrensburg, and Cape Girardeau. Each 
of these schools is managed by a board of regents appointed 
by the Governor, and these boards elect a faculty or a set of 
skilled teachers. The number of students at these schools is 
large. A normal department for training teachers has been 



PUBLIC SCHOOLS. 1 29 

also added to the State University. For the training of 
teachers for the schools of colored children, Lincoln Insti- 
tute at Jefferson City has been established. 

203. The State University. — For the purpose of 

affording the highest education to any young person in the 
State in collegiate learning, in the law, in medicine, and in 
scientific agriculture, the State University is established at 
Columbia, and has been endowed with about twelve hun- 
dred thousand dollars, and besides the Legislature makes an 
annual appropriation to its support of fifty thousand dollars 
or more. Its faculty is composed of learned scholars, and 
it is managed by a board of curators appointed by the Gov- 
ernor. It is the crowning work of the educational system 
of the State. 

204. Teachers' Institutes. — In most counties there is 

held annually a teachers' institute, conducted by the county 
commissioner and other instructors, who review the teachers 
in the subjects taught in the public schools, and issue certifi- 
cates, or licenses, to such persons as are qualified to teach. 
Similar institutes for the training of colored teachers are held 
in districts of an indefinite number of counties. 

205. Separate Schools for Colored Persons. — 

The Constitution says: "Separate schools shall be established 
for the education of children of African descent." The 
schools for the education of such children are of the same length 
as those for white children in the same district; and if there 
are fifteen such children of school age in a district a school 
must be provided for them by the school board and if there 
are a less number they can attend any school for colored chil- 
dren in the county and the school board must pay their tuition. 

9 



130 CIVIL GOVERNMENT OF MISSOURI, 

Questions on Chapter IX. 

1. What is the purpose of education? (190) 

2. How are one's powers increased? (190) 

3. In what do the educational duties of the State consist? (190) 

4. Is education necessary to a voter? (190) 

5. Why are public schools established? (190) 

6. How are public schools divided? (190) 

7. What is said of school districts? (191) 

8. Some of the powers of the annual meeting? (192) 

9. Qualifications of a director? (193) 

10. Name the four general duties of school board? (194) 

11. Describe village schools? (195) 

12. How much tax must each district submit to? (196) 

13. What rates may be levied? (196) 

14. How many kinds of school funds? (197) 

15. What is the State Fund called in the Constitution? (198) 

16. How much does it amount to? (198) 

17. Whence is it derived? (198) 

18. What man is largely responsible for it? (198) 

19. How much does the county fund amount to? (199) 

20. Whence is it derived? (199) 

21. Explain the meaning of these terms? (199) 

22. Whence was the township fund derived? (200) 

23. How much does it amount to? (200) 

24. What part of the State revenue is used for schools? (201) 

25. How much is turned over to the schools by the State each 
year? (201) 

26. What is the total endowment of public schools? (201) 

27. Total income from the State? (201) 

28. Total amount spent annually for all public schools? (201) 

29. What are the State normals? (202) 

30. Where are they? (202) 

31. How managed? (202) 

32. What can you say of the State University? (203) 

33. What are teachers' institutes? (204) 

34. How are colored children educated? (205) 



PUBLIC SCHOOLS. 



131 



Topical Outline of Chapter IX. 





Ic 


Purposes of Ed 


ucation. 




2. 


The State Schools. 




3- 


Districts. 




4- 


Annual Meeting. 




5- 


School Board. 


en 


6. 


Powers of Board. 




7- 


City, Town and Village Schools. 



U < 


8. 


Taxation. I ^- For Teachers, etc. 
L2. Tor Buildings. 






I. Local Fund. 









2. State Fund. 




9- 


School Funds. - 


3. County Fund. 









4. Township Fund. 


a, 






^ 5. Legislative Appropriations 




10. 


Normals. 




11. 


University. 




12. 


Institutes. 




. 13- 


Schools For Co 


lored Persons. 



CHAPTER X. 

ELECTIONS. 

206. Purpose of Elections. — Americans believe in 
the rule of the people. It is an underlying principle here, 
one that no man has ever been able to u'ithstand, that the 
w^ill of the majority shall control ; and in order that that 
w^ill may have expression, the State has provided for elec- 
tions at which each citizen may express by his ballot his 
choice for candidates or »for a political principle. In this 
chapter we shall consider the rules governing general 
elections only. 

207. Time of Holding Elections. — The laws of 

Missouri require an election to be held in each township in 
the State and in each ward in the city of St. Louis on the 
Iirst Tuesday after the first Monday of November in the 
year 1896 and every two years thereafter, for successors to 
all State and county officers, iudges, members of Congress 
and State Senators, whose terms are about to expire. The 
Governor, Secretary of State, State Auditor, State Treasurer, 
Attorney-General, and at least one judge of the vSupreme 
Court, and one Railroad Commissioner, are elected on the 
same day that presidential electors are chosen, and Repre- 
sentatives in Congress and in the General Assembly and 
half the State Senators are elected at the same time. Two 
years later the Superintendent of Public Schools, one Rail- 
road Commissioner, at least one Supreme Judge, one half 
the State Senators, and Representatives in Congress and in 
the General Assembly, are elected. And at one or the other 
of these general elections all county officers and all judges 
of the Circuit Courts are elected. 



ELECTIONS, T^^ 

208. Precincts. — In order that each citizen may have 
full opportunity to cast his ballot, the law provides that the 
County Court of each county shall, several weeks before an 
election, designate a voting place in each township of the 
county, and more than one if the convenience of the inhabit- 
ants may require it; and a notice, naming the precincts 
selected and the date of the election, is posted in each 
township. The Sheriff is required to provide two ballot 
boxes for each precinct, and to turn them over to the Con- 
stable, who on the morning of the election delivers them to 
the judges of the election. 

209. Judges and Clerks. — The County Court is 
also required to appoint for each precinct six judges of elec- 
tion and four clerks ; three of the judges to be taken from 
the political party that polled the largest number of votes at 
the last general election, and three from the party that 
polled the next highest number. Two of these judges, one 
from each party, write their names or initials on the back of 
the ballots and deliver one to each voter, who takes it to a 
booth, where he can be free from observation, marks it as 
he desires, folds it so as to expose the initials or names of 
the judges thereon, and hands it to one of two other judges 
called "receiving judges." If the judges deem him a legal 
voter his ballot is deposited in the ballot box, and his name 
and the number of his vote are entered in two poll books by 
the clerks, and the number of his vote is also written on his 
ballot. After voting has continued for an hour the other 
two judges, called "counting judges," and two clerks begin 
to count the votes that have been cast, and while they are 
doing this the election continues, the votes of other persons 
being deposited in the other ballot box. When the polls 
are closed and the ballots counted, the number of votes cast 
and the number for each candidate are entered in each poll 



134 



CIVIL GOVERNMENT OF MISSOURI. 



book, and these are signed by the judges and attested by the 
clerks, and the result of the election is publicly proclaimed. 
One of the poll books is transmitted to the County Clerk 
within two days, and the other is retained in the possession 
of the judges of election, open to the inspection of all 
persons. 

210. Secret Ballot. — No one has any right to know 
how any man votes. Safeguards have been provided to se- 
sure a secret ballot, in order that the voter may be relieved 
of any intimidation, or coercion, or fear, and maybe entirely 
free to vote as he desires. No one is allowed to attempt, in 
anywise, to influence his vote within the polling place. No 
one is permitted to go with him to the booth where he pre- 
pares his ballot, and if he can not prepare it himself it must 
be done by two judges of different political afliliations. No 
one is permitted to unfold or see his ballot before it is placed 
in the ballot box, and after it is placed there only the count- 
ing judges and clerks, who can not know w^hose ballot it is, 
are permitted to unfold it in order to properly count it, and 
when that is done it is securely locked in a box, and can 
never be examined by anyone except by order of a court, or 
of some other authorized officer, in a contest over the result 
of the election. Before the judges enter upon their duties at 
an election, they are required to take an oath that they will 
not disclose how any voter may vote, unless required to do 
so as a witness in a proper judicial proceeding. 

211. Ballots. — The ballots for a general election are- 
furnished by the county. The County Clerk superintends 
the publication of them and delivers them to the judges of 
election, and they are prohibited from permitting anyone to 
get possession of a ballot except a voter ready and desiring 
to vote, and he can not take it from the polls. In order to 
have an entirely secret ballot it is necessary that the county 



ELECTIONS. 



135 



furnish the ballots, and that the greatest precaution be taken 
that no persons except those lawfully entitled to them at any 
time before the close of the election obtain possession thereof. 
The ballots must contain the names of all the candidates 
properly nominated for any office. In order that they may 
not be too large, and the county put to too great expense in 
printing them, the Legislature has provided that all candi- 
dates must be nominated by a convention or by a primary 
election of a political party, or by a certificate, and that a po- 
litical party for this purpose is an organization that at the 
last general election polled at least three per cent of the entire 
number of votes cast in the State, or in the district or county 
for which the nomination is made. A party polling such a 
percentage of the votes can nominate its candidates by a con- 
vention of delegates or by a primary election, and the names 
of such candidates can be printed on the official ballot at the 
expense of the county ; but a party which had a less percent- 
age of votes can get the names of its candidates on the 
ballot only by having a certificate signed by not less than fifty 
nor more than one thousand voters. But the law i:equires 
that a blank space be left after every name on the ballot, so 
that the voter may write in the name of any person for whom 
he may wish to vote. 

212. How Prepared. — The ticket of each political 
party appears on each ballot. The voter draws heavy lines 
entirely through all of them except the one he wishes to vote ; 
and then if he prefers to vote for some man whose name is 
on one of the tickets he has erased, he can write his name in 
the ticket of his choice. He must collect the names of all 
the candidates for whom he votes into one group, under the 
name of some party ticket. 

213. Transmitted to the Clerk. — The ballots and 
poll books must be transmitted to the County Clerk within 



136 



CIVIL GOVERNMENT OF MISSOURI. 



two days after the election. He securely keeps the ballots and 
is not allowed to read or examine them until commanded to 
do so by some court or other authorized officer. At the end 
of one year he destroys them. Within five days after the 
election he and two justices of the peace, or two judges of 
the County Court, cast up the number of votes polled in all the 
townships in the county, as certified to him by the judges 
and clerks of election, and to each county officer receiving 
the highest number of votes he issues a certificate of elec- 
tion, and certifies to the Secretary of State the number of 
votes cast for State officers, judges, and congressmen, and 
that officer casts up the vote in all the counties for Governor, 
Lieutenant-Governor, Secretary of State, Auditor, Treasurer, 
Attorney-General, Railroad Commissioner, and Superin- 
tendent of Public Schools, and sends these returns to the 
Speaker of the House, who, in the presence and under the 
control of the Senate and the House, opens and publishes 
the same. The votes for candidates for all other State or 
district offices is counted by the Secretary of State in the 
presence of the Governor, and to the person receiving the 
highest number of votes is issued a certificate of election. 

214. Hours of Voting.— The law requires that the 
polls shall be opened at seven o'clock in the morning and be 
continued open till six o'clock in the evening, unless the sun 
shall set after six o'clock, in which case they shall be kept 
open till sunset, except in cities having more than twenty- 
five thousand inhabitants. In them the election beg'ins at 
six o'clock in the morning and continues to seven in the even- 
ing. 

215. Elections in St. Louis. — There must be one 
precinct in each ward in the city of St. Louis and of Kansas 
City, and as nearly as practicable one for every three hun- 
dred voters. By a recent law, applicable to these cities 



ELECTIONS. 



137 



only, the number of precincts has been greatly increased, 
and other details of an election are different from those in 
the rest of the State. But the general principles governing 
all elections in Missouri are the same. 

Questions on Chapter X. 

1. Purpose of elections? (206) 

2. When are general elections held? (207) 

3. How is a voting precinct established? (208) 

4. Who has charge of the ballot boxes? (208) 

5. How many judges and clerks of election? (209) 

6. Can the judges all be taken from the same party? (209) 

7. Describe the duties of the judge? (209) 

8. How does the citizen vote? (209) 

9. When are the votes counted? (209) 

10. What become of the poll books? (209) 

11. What guarantees for secret ballot are mentioned? (210) 

12. What oath must the judges take? (210) 

13. Who furnishes the ballots? (211) 

14. Why does the county do this? (211) 

15. What must the ballots contain? (211) 

16. How can a candidate's name get on the ballot? (211) 

17. How would you prepare your ballot? (212) 

18. What are done with the ballots and poll books? (213) 

19. How does the County Clerk ascertain the number of votes 

for each candidate? (213) 

20. Can he examine the ballots? (213) 

21. W^hat are the hours of voting? (214) 

22. What is said of elections in St. Louis? (215) 



38 



CIVIL GOVERNMENT OF MISSOURI. 



Topical Outline of Chapter X. 



'' I. Purpose of Elections. 
2. Time of General Elections. 



Elections. < 



3. Officers Elected. 

f 
I 

4. Precincts. \ 



I 



1. How Designated. 

2. Notice. 

3. Ballot Boxes. 

4. Judges. 

5. Clerks. 

6. Manner of Voting. 



5. Secret Ballot 

{ I. How Furnished. 

I 2. What Thej Contain. 

6. Ballots. <! 3. Nominations. 

4. How Prepared. 

5. Transmitted to Clerk. 



I. To Contain. <! 



Name of 

Each Voter. 
Number of 

His Ballot. 
Certificate 
of Judges. 



7. Poll Books. { 



2. After 
tion 



8, Hours of Voting, 

9. In City of St. Louis. 



I. One Kept by 
Judges. 
Elec- J 2. One Trans- 
> mitted to 

County 
Clerk. 
Certificate of Election. 



CHAPTER XI. 

ELEEMOSYNARY AND PENAL INSTITUTIONS. 

216. General Remarks. — Every humane State has 
made some provision for its unfortunate citizens and for con- 
fining in narrow places those who have forfeited their right 
to liberty. In every State there are insane persons who can 
not be properly cared for in their homes ; there are also 
blind and deaf and dumb persons and helpless paupers. For 
the care of these the State has established asylums and 
"poor" houses or eleemosynary institutions. There are also 
criminals who have been convicted of crimes, and must be 
punished. For this purpose there is a penitentiary and 
county jails and workhouses. 

217. Asylums for the Insane. — There are three 
asylums for the insane. They are called State Lunatic 
Asylums, numbers i, 2 and 3. Number i is located at Ful- 
ton, number 2 at St. Joseph and number 3 at Nevada. The 
Governor appoints for each a board of managers, composed 
of five members, each for four years, but each removable at 
his pleasure, for superintending the management of these 
asylums and for selecting proper officers thereof. Each has 
a superintendent who is a skilled physician, a number of 
assistant physicians, a matron, treasurer and steward. 

218. Inmates. — Persons afflicted with any form of 
insanity may he admitted by the superintendent of these 
asylums upon the certificate of two physicians. There are 
two classes of persons admitted: (i) Pay patients, or those 
whose expenses are paid out of their estates or by their rela- 
tives; and (3) the "insane poor," whose expenses are paid 
by the county from which they are sent. But before the 



lAo CIVIL GOVERNMENT OF MISSOTJBl. 

funds of an estate can be used for this purpose the inmate 
must be declared insane by a jury of the county. 

219. Deaf and Dumb Asylums. — A well managed 
asylum for mutes has been established at Fulton for many 
years. Deaf and dumb children between the ages of eight 
and twenty-one years may be educated there "in written and 
sign language" and in such useful trades as may be open to 
them. A corps of instructors is selected by a board of man- 
agers, which is appointed by the Governor. The expenses 
of the most of the inmates are paid by their families, but in 
some cases the county court can use the county revenue for 
that purpose. Each mute may remain at the asylum ten 
years unless sooner excused by the superintendent. 

220. School for the BHnd. The school for educat- 
ing blind children between nine and twenty-one years, is in 
St. Louis. Their expenses are defrayed in a few cases by 
the counties, but in most cases from private means. Only 
children of sufficient mental capacity to receive instruction 
can remain in this asylum. It is managed very much as the 
other asylums are. 

221. Homes for the Poor. — In almost every county 
there are helpless poor. They are cripples, infirm persons 
and harmless imbeciles. Each County Court is authorized by 
law to purchase and maintain a home for these, and provide 
for their maintenance. These homes are usually small 
farms, supplied with plain houses. Persons are sent to them 
by the County Court. It is a commendable provision of the 
law that cares for these unfortunate people. 

222. The Penitentiary. — The State prison is located 
at Jefferson City. To it are sent all persons over twenty-one 
years old convicted of a felony, unless the felony is punish- 
able with death. For its management there is a board of 



ELEEMOSYNARY AND PENAL INSTITUTIONS. 



141 



inspection, composed of the Governor, Auditor and Attorney- 
General. The Governor appoints a warden, and there are 
guards, matrons, turnkeys, a physician and a chaplain. The 
prisoners are compelled to work. The labor of many of 
them is sold to contractors, who use them lor making shoes, 
chairs and many other things, and pay so much per day for 
each prisoner by them employed, and out of the money thus 
obtained the State pays the expenses of feeding, clothing and 
keeping them. They are confined within heavy walls and 
for good behavior their terms of imprisonment are lessened 
one fourth. The problem of how to manage prisoners has 
always been a difficult one. The truth is, criminals are a 
disturbing element to society at every step they take. 

223. Jails and Calabooses.— Criminals convicted 

before the Circuit Court or a justice of the peace of misde- 
meanors may be sent to the county jail, and for like offenses 
before the police judge are sent to a city calaboose. But if 
their punishment is fixed at only a fine and if that is paid, 
they are discharged, otherwise they may be committed to 
these prisons. 

224. Reform Schools for Boys. — The Legislature 

has come to the conclusion that the younger persons con- 
victed in the courts may be reformed. It has, therefore, 
established at Boonville a Reform School for Boys, to which 
all boys under eighteen years of age convicted of a felony or 
misdemeanor and all obdurate and criminally inclined youths, 
may be sent. The expenses of the inmates may be paid by 
the county and they can not remain after they are twenty-one 
years old. They are instructed in elementary education and 
taught useful trades, and the undertaking is working well. 

225. Industrial Home for Girls. — This school is at 
Chillicothe. It is for girls convicted of crimes, and for other 



142 



CIVIL GOVERNMENT OF MISSOURI. 



vicious girls. The best influences are thrown around these 
girls to lead them back to honest lives. 

226. Expenses, How Paid.— The expenses of all 

the institutions mentioned in this chapter, except jai]s, cala- 
booses, and homes for the poor, are paid out of the State 
Treasury, in accordance with appropriations made for the 
purpose by the Legislature. 



Questions on Chapter XI. 

What Eleemosynary and Penal Institutions in the State? 



I. 
(216) 

2. 

3- 
4- 

5- 
6. 

7. 
S. 

9- 
10. 
II. 
12. 

13- 

14. 

15. 



How many asylums for the insane? (217) 

Where are they located? (217) 

How are they managed? (217) 

What persons are admitted to them? (217) 

How many classes of inmates? (218) 

What is said of the Deaf and Dumb Asylum? (219") 

Discuss School for the Blind? (220) 

Discuss the Homes for the Poor? (221) 

What is said of the penitentiary? (222) 

And of criminals generally? (222) 

What are jails and calabooses for? (223) 

What is said of the Boy's Reform School? (224) 

And of Industrial Home for Girls? (225) 

Who pays the expenses ot all State Institutions? (226) 



Topical Outline of Chapter XI. 



Eleemosynary and 
Penal Institutions . 



1. General Remarks. 

2. Asylums for Insane. 

3. Deaf and Dumb Asylum. 

4. School for the Blind. 

5. Homes for the Poor. 

6. Penitentiary. 

7. Jail and Calaboose. 

8. Reform School for Boys. 

9. Industrial School for Girls. 
10. Expenses. 



INDEX TO CIVIL GOVERNMENT 
OF MISSOURI. 



[The References are to the Sections.] 



Adjutant general, 113. 
Administration, 128, 157. 
Administrator, 128. 
Aldermen, 89, 177. 
Annual school meeting, 192. 
Appeals, 140. 
Appropriations, 105. 
Assessor, 150, 180. 
Asylums, 217, 219. 
Attorney general, 107. 
Auditor, 105. 

B 

Ballots, 210, 211, 212. 

Bank examiners, 104. 

Banks, 104. 

Base line, 164. 

Bill of rights, 94. 

Boards of aldermen, 171, 174, 177. 

Board of equalization, county, 150. 

State, 112, 
Building and loan associations, 

106. 

c 

Calabooses, 223. 
Capital, 100. 
Circuit clerk, 152. 
Circuit courts, 132 
Circuit judge, 132. 

assistants, 135. 

qualifications, 134. 

salary, 134. 
Cities and towns, 171. 



Cities, classes, 175. 

elections, 187. 

extending limits, 188. 

first class, 183. 

fourth class, 176. 

how governed, 174. 

how incorporated, 173. 

ordinances, 174. 

powers, how defined, 171. 

rate of taxation, 189. 

second class, 182. 

third class, 181. 
Civil trial, 138. 
Collector, 149, 180. 
Common law, 125. 
Compensation of officers, 159. 
Congressional townships, 162, 166. 
Constables, 127. 
Constitution, 87. 

bill of rights, 94. 

how amended, loi. 

length, 92. 

preamble, 93. 
Coroner, 158. 
Counties, 144= 
County, 

board of equalization, 150. 

boundaries, 145. 

clerk, 148. 

collector, 149. 

court, 147. 

seat, 146. 

treasurer, 149. 
Courts, 124. 

circuit, 132. 

criminal, 132, 

justice of the peace, 126. 

of appeals, 141. 

probate, 128. 

supreme, 142. 

(143) 



144 



INDEX TO 



Criminal courts, 132. 
Criminal trial, 139. 
Curtesy, 131. 

D 

Deaf and dumb asylums, 219. 
Debts, 97. 

private, 128. 
Defendant, 138^. 
Departments, executive, 88. 

judicial, 90. 

legislative, 89. 
Divisions of government, 86. 
Dower, 130. 

E 

Eleemosynary institutions, 216. 
Elections, 94, 206. 

ballots, 211. 

hours of, 214. 

in St. Louis, 215. 

judges and clerks, 209. 

precincts, 208. 

purpose of, 206. 

secret ballot, 210. 

time of, 207. 
Emergency law^s, 122. 
Equity law, 125. 
Executive department, 88. 
Executive officers, 88. 
Executor, 128. 



F 



Felonies, 125. 

Fifth Principal Meridian, 164. 

G 

General assembly, 89, 114. 

sessions, 120. 
Governor, 103, 

chief magistrate, 103. 

commander of militia, 113. 

duties, 103. 

qualifications, 103. 

salary, 103. 

veto, 121 . 
Grand jury, 136, 139. 
Homes for the poor, 221. 
Homestead, 129. 



H 



House of representatives, 89, 115. 
Husband's curtesy, 131. 



Industrial home, 225. 
Insurance department, no. 



Jails, 223. 
Judicial map, 133. 
Judiciary, 90, 124. 
Juries, grand, 136. 

petit, 137. 
Justices of the peace, 126, 



K 



Kansas City, 184. 



Labor commissioner, in. 
Laws, how divided, 125. 

how passed, 121. 

when in effect, 122. 
Legislative department, 89. 
Legislature, restrictions on, 95. 
Limitations', 170. 
Local government, 94, 144, 171 
Lunatic asylums, 217, 218. 

M 

Map, congressional, 12. 

judicial circuits, 133. 

senatorial, 115. 
Marshal, 178. 
Mayor, 176. 
Misdemeanors, 125. 
Missouri national guard, 113. 
Municipal townships, 160. 

N 

National guard, 113. 
Normal school, 202. 

o 

Oath of office, 119. 



CIVIL GOVERNMENT OF MISSOURI. 



H5 



P 

Penitentiary, 222. 
People's rights, 94. 
Petit jury, 137, 138. 
Plaintiff, 138. 
Police judge, 179. 
Poorhouses, 221 . 
Posse comitatus, 153. 
Precincts, 208. 
Probate courts, 128. 
Prosecuting attorney, 154. 
Public administrator^ 157. 
Public schools, 190. 
Purpose of government, 94. 

R 

Railroad commissioners, 109. 

Ranges, 165. 

Rate of taxation, 96, 97, 151, 189, 

196. 
Recorder of deeds, 155. 
Reform school, 224. 
Representatives, 116. 

compensation of, 118 

number of, 116. 

oath of, 119. 

qualifications, 117. 
Restrictions on taxation for cities 

and schools, 97. 

for state purposes, 96. 
Revenue, 98. 
Revised statutes, 120, 123. 

s 

St. Louis, 185. 
School boards, 193. 

powers of, 194. 
School districts, 191. 
School for blind, 220. 
School funds, 197. 

county fund, 199, 

legislative appropriations, 201 

state fund, 198, 

township fund, 200. 
Schools, 190. 

annual meeting, 192 = 

city and town, 195. 

for colored children, 205. 

normals, 202. 

teachers' institutes, 204, 

university, 203. 

10 



Secretary of state, 104. 
Sections, 167. 
Senate, 89, 115. 
Senatorial map, 116. 
Senators, 115. 

compensation; 118. 

oath of, 119. 

qualifications, 117. 
Session acts, 123. 
Sessions of general assembly, 120. 
Sheriff, 153. 

State board of equalization, 112. 
State debt, 96, 97. 
State officers, 102. 
State treasurer, 106. 
Statute of limitations, 170. 
Statutes, how passed, 121. 

revised, 123. 

session acts, 123. 
Statutory law, 125. 
Suffrage, 94, 99. 
Superintendent of insurance, no. 

of schools, 108. 
Supervisor of building and loan 

associations, 106. 
Supreme court, 142. 
Surveyor, 156. 



Teachers' institutes, 204. 
The reports, 143. 
Title to land, 170. 
Township organization, 161. 
Townships, 160, 162. 
Treasurer, county, 149. 

state, 106. 
Trials, 138. 

criminal, 139. 



u 



University, 203. 



V 



Veto, 121, 176. 
Villages, 186. 
Voters, 99. 

w 

Wife's dower, 130. 



I 



HISTORY OF MISSOURI. 



PART I. 

FRENCH AND SPANISH PERIOD. 



CHAPTER I. 
DISCOVERIES. 



1. Missouri's Unique Story. — The History of Mis- 
souri has long been neglected. Missouri was the first Terri- 
tory west of the Mississippi, with the single exception of 
Louisiana, to become a State. Because of her position west 
of that great river and on the border line between the North 
and South, because of the national disturbances which grew 
out of her admission, because of the special condition im- 
posed on her at the time of her admission, and because of 
her subsequent relations to the extension of slavery into other 
Territories, her history is an unique one. Its study has often 
been more partisan than patriotic. Often prejudiced men 
have taught it only for the purpose of dividing the people 
against each other, instead of conserving harmony and patri- 
otism. 

2. Value of Missouri's History. — Her history is an 

epitome of the history of the United States. The way in 
which mighty forests and fertile heaths can be changed by 



1^8 HISTORY OF MISSOURI. 

cultivation and population from a wild wilderness to a civil- 
ized community, may be traced as plainly in the history of 
Missouri as in that of New England, the Middle or Southern 
States. In it we can easily trace the downfall of cherished 
institutions, and the uprising of a new order of things. In 
it we can study the growth of laws, religion, and education. 
In it we see an explanation of our country's wonderful growth 
and great strength. To study thoughtfully the history of 
Missouri, then, is, in many respects, to study the history of 
the United States. To inspire in the young a love for Mis- 
souri and a pride in her greatness and in the honor of her 
people, and thus to assist them in being more useful and 
worthy citizens, is the object of this book. 

3. The First White Man. — The first white man to 
put foot on the soil of Missouri was Hernando De Soto, in 
154 1. De Soto was a Spaniard. He had been with Pizarro 
in the conquest of Peru, and had returned from his bucca- 
neering ventures there to Spain with a fortune of a half mil- 
lion dollars. Hearing of the wonders of Florida and the 
country beyond it, that it abounded in gold and precious 
stones, he was fired wnth a passion for its conquest, and ob- 
tained permission from the king to fit out an expedition for 
this purpose at his own expense. It was more like a royal 
pageant than an exploring party. His force consisted of six 
hundred followers, twenty officers, and twenty-four ecclesi- 
astics, all gorgeously arrayed in splendid armor. He landed 
in great pomp at Tampa bay in 1539, and driving a great 
number of cattle and hogs before him for food for his men, 
proceeded west. The Indians and forests interposed. His 
followers were not trained to overcome the hardships of 
either. Some were killed by the Indians, and others died 
from sickness. No gold was found. The Indians told nim 
of fabulous amounts of it to be had on the Mississippi river. 



DISCOVERIES. 149 

He pressed forward and reached the river near Memphis, 
Tennessee, in 154 1, and pursued his way north into the 
region now known as New Madrid county in our own State. 
He then moved west, crossed the Ozark mountains, and 
spent the winter on the prairies and plains beyond, all the 
time searching for gold and silver, but finding none. He 
moved southward into Arkansas, reached Hot Springs and 
White river, and then came back to the Mississippi, where 
he died in the spring of 1542. The Indians believed him to 
be the Son of the Sun, who could not die. His priests, to 
conceal his death, therefore, wrapped his body in a mantle, 
sunk it at night in the great river he had discovered, and 
chanted over it the first requiem ever heard in the Mississ- 
ippi valley. "The wanderer," says Bancroft, "had marched 
over a large part of the continent in search of gold, and 
found nothing so remarkable as his burying place." Most 
of his followers perished before they reached Spain. 

4. French Explorations. — The Spanish, however, 
were not the first settlers. On the contrary, they did nothing 
toward colonizing Missouri, and it was two hundred and 
twenty years after De Soto's death till they again appeared 
on this territory. Even the part they then took was unim- 
portant. In the meantime the French, moved by a desire of 
doing missionary work among the Indians and enticed by the 
profitable fur trade, had pushed many hundred miles further 
west than had the English settlers along the Atlantic coast; 
had, from their homes in Canada, penetrated the forests 
around the Great Lakes, made several explorations of the 
Mississippi, and taken possession of the country in the name 
of France. We must speak briefly of these expeditions. 
The first was in 1673, by James Marquette, He belonged 
to a noble family of the beautiful old cathedral city of Laon 
in France. He was a kind of soldier-priest, and it was in the 
spirit of a missionary to the Indians that he and Louis Joliet, 



I50 



HISTORY OF MISSOUBI. 



with five other men, left Quebec, which was then a French 
colony, and began a toilsome journey toward the Southwest. 
They discovered the upper Mississippi, and passed down it 
to the mouth of the Arkansas. 

5. La Salle and the Ascent of the Missouri. — In 

16S3 La Salle, another Frenchman from Quebec, explored 
the Mississippi to its mouth, and formally took possession of 
the whole country in the name of Louis XIV, the reigning 
king of France, in whose honor he called the country Louisi- 
ana. It was of indefinite limits, and, of course, included the 
present territory of Missouri. So our soil first belonged to 
France. Within the next fifty years various settlements 
were projected, all in the interest of the mining of gold and 

silver. Most of these were 
on the east bank of the Miss- 
issippi, but in 1705 a pros- 
pecting party of French- 
men ascended the Missouri 
river to where Kansas City 
is now situated. This was 
the first ascent of this noble 
river by white men. It was 
first called Pek-i-ta-nou-i, 
by Marquette, which is an 
Indian word, meaning 
"muddy water." About 
1 7 12 it was first called Mis- 



souri, from the name of a 



tribe of Indians who inhab- 
ited the country at its mouth 
and along a considerable 
portion of its banks. There is no authority for the often 
repeated assertion that "Missouri means muddy." This 




ROBERT CAVALIER DE LA SALLE. 



DISCOVEBIES. 



151 



definition of the word was given it after the name of the 
river was changed from Pekitanoui to Missouri. 



'is 



6. Interior Explorations. — An exploration of the 

interior of Missouri by the French was begun in 17 19. The 
authorities at New Orleans ordered the expedition, and 
De Dutisne was placed in charge of it. He started with his 
force from the mouth of Saline river, a stream about seventy- 
miles south of St. Louis. He moved northwest across the 
Ozark mountains to the Osage river, near which he came 
upon a village occupied by Osage Indians, containing about 
one hundred cabins and huts. One hundred and twenty 
miles further west he found two other large villages, inhab- 
ited by Poncas Indians, who seemed to own many horses. 
He returned by way of the Missouri river, and took formal 
possession of the country by erecting posts with the king's 
arms thereon. After this expedition the daring Frenchmen 
ventured into the forests for purposes of hunting, trading and 
mining. The rapidity with which they came excited the 
jealousy of the Spanish, who still claimed the country. 

7. The Spanish Caravan. — The Spanish authorities 
determined to destroy the power of the French along the 
Missouri and Mississippi. In 1720 they organized a motley 
troop at Santa Fe, to which was given the name of "The 
Spanish Caravan." It moved across the plains and entered 
the Missouri country. Its leader had been informed that the 
Pawnee Indians were friends of the Spanish and enemies of 
the French and Missouris. He directed his guides to lead 
him to the Pawnee camp. Instead of doing so, they led 
him to the camp of the Missouris. There he told the Mis- 
souri chief of his intention to kill all his tribe and exterminate 
the French. The chief heard him with silence, treated the 
caravan with hospitality, summoned his warriors and while 



152 



HISTORY OF MISSOURI. 



the Spanish supposed they were in the midst of their friends, 
fell upon them and exterminated the whole caravan. 

8. Fort Orleans. — The boldness of the Spanish Cara- 
van induced the French to send a force up the Missouri. It 
built a fort somewhere along the river, which Lewis and 
Clark, in their travels, say was situated on an island a few 
miles below the mouth of Grand river. De Bourgmont, 
from Mobile, was in command, and called it Fort Orleans. 
At this time a general Indian war was being waged, which 
greatly interfered with the fur trade. To remedy this, 
Bourgmont undertook to make peace among the Indians. 
He succeeded in holding a council of their chiefs, on the 
Kansas river, where the pipe was smoked, and a general 
peace was concluded. Soon after this Fort Orleans was 
destroyed and the garrison massacred, probably by the Mis- 
souris, who were always troublesome to the whites, but this 
point is in doubt. The fur trade went on, but so far there 
had been no permanent settlement within the present limits 
of Missouri. 

Questions on Chapter I. 

1. Why is the history of Missouri unique? (i) 

2. In what respect is it like the history of other parts of the 
country? (2) 

3. Who was the first white man in Missouri? (3) 

4. Describe De Soto's journey. (3) 

5. What great river did he discover? (3) 

6. Mention some French explorations? (4) 

7. What is said of Marquette? (4) 

8. Who named Louisiana? (5) 

9. After what king was it named? (5) 

ID. Where were the French settlements? (5) 

11. When was the Missouri river named? (6) 

12. What did Marquette call it? (6) 

13. Does Missouri mean ''muddy?" (6) 



DISCOVERIES. 



153 



14. When was the interior of Missouri first explored? (6) De- 
scribe them. (6) 

15. Describe the Spanish Caravan. (7) 

16. What is said of Fort Orleans? (8) 



Topical Outline of Chapter I. 

Special Features of Missouri History . 
Purpose of this Book. 
De Soto. 

Discovery of Mississippi. 

I 



French Explorations, -l 3 

4 



Spanish Caravan. 
Fort Orleans. 



L 5 



Marquette. 

La Salle. 

Name of Louisiana. 

Missouri River. 

Interior Missouri. 



CHAPTER II. 

THE FIRST SETTLEMENTS. 

9. The First Permanent Settlement, — The first 

place settled in Missouri was Ste. Genevieve (pronounced 
Jen-e~veev) in about 1735. It was about three miles from 
the present town of that name on the Mississippi river, sixty 
miles below St. Louis. For some time daring and hardy 
Frenchmen had been gathering in and around Kaskaskia, a 
settlement in Illinois, until at this time it had about six thou- 
sand people. Most of them had come in search of gold and 
silver. Some of them, under Renault, a wealthy and exten- 
sive miner, crossed over into Missouri in search of these 
metals. They found none, but they did find lead in abund- 
ance. Furnaces were prepared for smelting, and it was 
conveyed in boats to New Orleans, and then to France. In 
1785 the old town was destroyed by flood, and the site of the 
present town was selected. Many settlers came from the 
east side of the Mississippi, and the town soon becaine an 
important trading point. 

10. The Next Settlement. — The next settlement of 
any consequence was St. Louis. Its founder was Laclede, 
whose name has since been given to many business institu- 
tions in the State. His full name was Pierre Laclede 
Ligueste, but he was more generally known as Pierre 
Laclede. He was a man of great business sagacity. In 1763 
he and some associates, among them Antoine Maxent, 
obtained from D'Abbadie a monopoly of the fur trade with 
the Indians of Missouri. D'Abbadie was the director-gen- 
eral, the civil and military commander of Louisiana, and 
exercised a vice-regal authority. Laclede explored the 
regions along the Mississippi in search of the best point at 



THE FIRST SETTLEMENTS, 



155 



which to establish a trading post and sell goods. His keen 
commercial sense directed him to a bluff on the west side of 
the river. Here on the spot where the old Merchant's 
Exchange and Barnum's Hotel afterward stood, on the south 
side of Market street, which took its name from the only 
market house the city contained for sixty years, he cleared 
away the heavy timber and erected his trading post, in Feb- 
ruary, 176JL, This was the beginning of St. Louis. Laclede 
was right. It was the best place for trade then. It is the 
best now. 

11. St. Charles. — The first settlement in St. Charles 
was made by Blanchette, "the hunter," about the time St. 
Louis was founded, and was called Village des Cotes (the 
village of the hills). It was the first settlement north of the 
Missouri river. Most of the Indian wars, massacres and 
adventures which attended the early settlements of the State, 
took place here. It was here the first forts were built, 
and here the renowned Indian chief, Black Hawk, made his 
first efforts against the whites, 

12. Missouri Transferred to Spain. — About this 
time ended French rule in Missouri. The battle of Quebec, 
in which had met the chivalrous Montcalm and the noble 
Wolfe, the one commanding the intrepid French and the 
other the invincible English, had been fought more than four 
years before. It was the end of a contest between these two 
peoples for the possession of America. It was decided in 
favor of the English, and the decision marks an epoch in the 
progress of civil liberty. France, by a treaty ratified at 
Fontainbleau in 1763, gave up all her territory in America — • 
the Canadas, and all that part of Louisiana east of the Miss- 
issippi, except New Orleans, to England; and New Orleans 
and all the country west of the river to Spain as an indemni- 
fication for her losses in the war, England thus acquired 



•5« 



SISTOBT OF MISSOURI, 



rule over the east side of the river before Laclede had settled 
in St. Louis, but Missouri belonged to Spain. England at 
no time before or after this was entitled to Missouri's soil. 
Because of the long war between England and France, the 
settlers along the upper Mississippi valley, most of whom 
were Frenchmen, greatly disliked the idea of being subject to 
England. It was thought Spain could never exercise domin- 
ion over her newly acquired territory, and hence many of 
them crossed over the river into Missouri. This will explain 
why the population increased so rapidly for the next few 
years, and why it w^as mostly French, although governed by 
Spain. 

13. St. Ange's Rule. — Although the title to Louisiana 
was now in Spain, the officers of that nation did not succeed 
in formally taking possession of the country till 1770. Soon 
after the treaty was signed, St. Ange de Bellerive, who was 
commander for the French in Illinois, surrendered his author- 
ity to Captain Sterling, the representative of England, and 
settled in St. Louis. He was followed by many of the 
trench settlers east of the river. By common consent, and 
probably by permission of the government at New Orleans, 
he was made the commandant of the settlement. He was a 
wise and safe ruler, 

14. St. Ange and Pontiac. — St. Ange and the set- 
tlers were enemies of English rule, and friends to England's 
enemies. They were admirers and supporters of Pontiac, a 
powerful Indian chief, who was the terror of the whites from 
the Atlantic to the Mississippi. Pontiac, aided by the 
French, had met a strong English army at Pittsburgh under 
Braddock and George Washington, and disastrously defeated 
it. St. Ange invited Pontiac to visit him, which he did. 
He w^as entertained with great distinction at the house of 
Madame Chouteau and was visited by the principal citizens. 



THE FIBST SETTLEMENTS, i^y 

But when France lost her possessions in x\merica, Pontiac 
thereby lost his greatest support. His allies among the Indians 
soon afterward forsook him. He was crushed in spirit and 
sought to drown his sorrow in intoxicating drink. He visited 
Cahokia, richly dressed in robes adorned with eagles' feath- 
ers. Becoming stupefied by drink, he wandered into a 
thicket near the place, and was there assassinated by a Kas- 
kaskia Indian, who was hired by an English trader and 
received a barrel of v^'hisky for the murder. St. Ange had 
his body brought to St. Louis and buried at the intersection 
of Walnut and Fourth streets, where it still rests. Near his 
grave St. Ange was buried in after years. Houses are there 
now, and it is know;n by few that the great Pontiac and the 
good St. Ange lie in unmarked graves in the midst of the 
great city. 

Questions on Chapter II, 

1. Where was the first permanent settlement in Missouri? (9) 

2. What is said of Renault and his followers? (9) 

3. When and by vv^hom was St. Louis settled? (10) 

4. What is said of St. Charles? (n) 

5. What is said of the battle of Quebec? (12) 

6. What did France get bj the Fontainbleau treatj? (12) 

7. What did Spain get? (12) 

8. Why did the French settlers in Illinois come to Missouri? (12) 

9. What did St. Ange do? (13) 

10, What is said of St. Ange and Pontiac! (14) 

Topical Outline of Chapter II. 

1. Ste. Genevieve. 

2. St. Louis. 

3. St. Charles. 
First Settlements. «^ 4. Battle of Quebec. 

5. Treaty of Fontainbleau 

6. St. Ange. 
7„ Pontiac. 



CHAPTER III. 
SPANISH 'RULE. 

15. First Spanish Ruler. — The First Spanish Lieuten- 
ant-Governor, acting as a subordinate in most things to the 
Governor at New Orleans, was Don Pedro Piernas. The 
people regretted to see the flag of France lowered, and even 
shed tears when they realized that they were to be ruled by 
one of a different blood and nation from themselves. But 
their regrets did not last long. Piernas was a mild and safe 
ruler. He made few laws, and they were just and easily 
obeyed. He appointed St. Ange captain of his infantry, 
and filled nearly all the subordinate offices with Frenchmen. 
He began systematic surveys of the lands nnd appointed a 
Frenchman surveyor. He further publicly confirmed all the 
land grants made by St. Ange between the time of the trans- 
fer of the territory from France to Spain in 1763 and the 
beginning of the Spanish rule in 1770, which grants would 
of course have been illegal had he not confirmed them. He 
finally won the entire confidence of the people by marrying 
a French lady, so that after they had known him for five 
years they again shed tears to give him up. He had found a 
population of 891, most of which was confined to St. Louis 
and Ste. Genevieve. The people were mostly French, and 
few of them could read or write. There were no schools 
and very little desire for any. But they were honest, indus- 
trious and peaceable. Indeed, during the entire Spanish 
period of thirty-eight years, only one case of murder of a 
white man by a white man in St. Louis is reported. 

16. The Soil and Settler. — The soil at that time was 
covered with thick forests or rank prairie grass, filled with 
all kinds of game, and inhabited by Indians who lived in 



SPANISH RULE, 



159 



wigwams and hunted and fished for subsistence. The French 
settlers were possessed of an aptitude for easy and peaceable 
intercourse with the natives. They studied their language, 
took part in their sports, adapted themselves to their usages, 
humored their whims, and never ridiculed their religious 
ideas. Often the settler, of plastic temper, with a free- 
and-easy manner, would decorate his hair with eagle feath- 
ers, attach hairy fringes to his hunting shirt, and mix and 
mingle with the Indians as if they were his equal. Hence it 
was that there were fewer Indian wars in the early settlement 
of Missouri than in many of the other States. 

17. Houses and Ownership of Lands. — The land 

was owned largely by tenancy in common. The principle of 
landlord and tenant, or of proprietary government, which 
was the most usual way of holding the soil in the early 
Atlantic States, never existed among them. The monopoly 
of the fur trade granted to Laclede was only a semblance to 
it, and even that, after it expired in 1773, was never re- 
peated, and thereafter but few settlers received any special 
favors from the government. The settlements had each a 
common in the rear of the houses, inclosing hundreds of acres 
under one fence for the benefit of all. But the settlements 
themselves w ere compact villages, for the settlers were soci- 
able and loved to congregate together. Nearly all the early 
ones were along some river. A long street usually extended 
parallel to it. The land along it was divided into lots a few 
rods wide and perhaps twice as long. On these the houses 
were built, which were usually one story high, constructed 
of corner posts and studs, to which were attached numerous 
cross-ties. Then a stiff mortar, made of mud and cut straw, 
was plastered onto the outside. The roof was shingled with 
bark or clapboards. The chimney was the celebrated *'stick- 
and-dirt chimney.'* It was made of rock and burnt clay to 



1 60 mSTOB Y OF MISSO JJBL 

some distance above the intense heat of the fire, and from 
that distance was finished with alternate pieces of wood and 
clay plaster. The floors were made of logs with the upper 
roundness hewn flat, or of split logs, the flat sides of which 
were turned up, and, by notchings ia the ends, were thus 
put on a level. These were called puncheon floors. The 
doors were hung on wooden hinges. Back of each house 
was a field, 193 feet wide and 7,800 feet long, containing 
about thirty-four acres. Each villager had one or more of 
these fields assigned to him, according to his desires, or the 
necessities of his family. Next to the fields was the com- 
mon, stocked v/Ith cattle, hogs and horses, the property of 
all. 

18. Social Relations. — Hospitality was a duty and a 
virtue. Each house was a free hotel to the extent of its ca- 
pacity. Amusements, festivals and holidays were frequent. 
There were no statutory laws; no trades, nor professions; no 
courts, no prisons. The priests were their instructors and 
judges in all matters of learning and religion. In politics 
they were attached to France, and were not anxious about 
any political questions, believing that France ruled the world 
and ruled it right. 

19. Settlement of Disputes. — There were no trials 
by jury during either the French or Spanish period. This 
great bulwark of English liberty — perhaps the distinctive 
characteristic of their government wherever the Anglo-Saxon 
race has spread — had no sway till after Missouri was 
acquired by the United States. If one wished to recover 
property, or had committed a crime, the matter was sub- 
mitted to a judge, who decided as he understood the law and 
merits of the cause, or as his prejudices directed him. 

20. British and Indian Attack. — We have now 
come to the time of the Revolutionary War, which though 



SPANISH BULE. l5l 

fraught with very great consequences, yet disturbed these 
sturdy settlers very little. They were French subjects of 
Spain, and thew^arwas fought by England and her subjects. 
These settlers, removed a thousand miles from the scene of 
the war, therefore, took no part in it, except as did Spain 
and France, to sympathize with the Colonies and wish for 
their success. In 1778 Virginia sent out General George 
Rogers Clark, who captured the British settlements in Illi- 
nois, such as Kaskaskia and Cahokia. The British under- 
took, soon after this, a comprehensive movement for the 
expulsion of the Spanish from the Mississippi Valley. The 
plan was first to capture St. Louis, recapture the towns taken 
by General Clark, and then move down the river to New 
Orleans. In a spirit of generous chivalry, General Clark 
offered his force to Governor DeLeyba, a cowardly, drunken, 
weak-minded Spaniard, who, in 1778, had succeeded Cruzat 
as lieutenant-governor. DeLeyba assured him there was no 
need of his aid, and it was therefore refused. The people, 
however, began a series of fortifications, and constructed a 
rude wall, which extended around the city and down to the 
river. Four or five months passed and nothing happened. 
But, on the twenty-sixth of May, 1780, a force of 150 whites 
and 1,500 Indians gathered in the woods around St. Louis, 
and first captured two citizens where the fair grounds are now 
situated, and w^hich at that time were outside the wall. The 
hostile force proceeded at once to the attack. In doing so 
they intercepted several citizens, some of whom they killed, 
others escaped and alarmed the town. The fort had a few 
cannons, and the people were well supplied with small fire- 
arms. With these they made a spirited and determined 
resistance. The Indians w^ere terrified by the cannons and 
withdrew. The number killed has never been definitely 
known. It was perhaps not more than thirty, though Lieu- 
tenant-Governor Sinclair says "sixty-eight were killed, and 
II 



J 52 HISTORY OF MISSOURI. 

eighteen blacks and white people taken prisoners." During 
the battle DeLeyba, the commandant, was aroused from a 
drunken carousal by the sound of the artillery. He at once 
ordered the firing to cease. Some of the inhabitants did not 
hear the order, and continued to fire. He then directed the 
cannons to be turned on them, which was done. This so 
infuriated the people that his removal was requested of the 
governor of Louisiana. He died within a month, from sui- 
cide, despised by every one as a traitor. Cruzat, whom he 
had two years before succeeded, was again appointed lieu- 
tenant-governor. 

21. Cruzat and Pirates. — Cruzat had succeeded Pier- 
nas as lieutenant-governor, in 1775. His first term lasted 
till 1778, and was modeled after that of his wise predecessor. 
His second term, which began in 1780 and lasted till 1787, 
was mild and prosperous. A census, taken in 17S5, shows 
a population of about 1,500 for all Missouri, which number 
was swelled to 2,100 by another census of 1788. This in- 
crease was largely due to a freshet in the Mississippi, which 
overflowed much of Kaskaskia and Cahokia, and caused 
some of the inhabitants of those towns to cross over into 
Missouri. To such a height did the angry waters rise that 
1785 was long afterwards known as "the year of the great 
water." While Cruzat was commander, the trade of the 
Mississippi was much impaired by pirates. Grand Tower is 
a large column of rock situated about midway between St. 
Louis and the mouth of the Ohio. Here a large band of 
pirates collected and would capture and pillage passing boats, 
appropriate their cargoes, and kill their crews. These dep- 
redations went on until 1788, and many a daring robbery and 
foul murder was committed. Other portions of the river 
were also infested. That year, however, the governor at 
New Orleans ordered all boats traveling on the river to go 
together. By this means their combined strength was too 



SPANISH RULE. 



163 



much for the pirates, and they were dispersed and never 
afterwards heard of. 

22. Shawnees and Delawares. — In 1787, Manuel 

Perez came into office. During his administration, bands of 
Shawnees and Delawares, driven by the advancements of the 
whites from beyond the Alleghanies, settled near Ste. Gene- 
vieve and Cape Girardeau. Here they remained for thirty- 
five years, till 1835, when they were required to move still 
further westward. They were peaceable and industrious and 
never quarreled with the whites of these regions. They 
became useful to them as hunters and small farmers, and 
were established in small settlements close to the whites as 
an intervention between them and more unfriendly tribes. 
In after years one of these Shawnee chiefs is said to have 
addressed these words to General Harrison: "You call us 
your children ; why do you not make us happy as our fathers, 
the French, did? They never took from us our lands; 
indeed, they were in common between us. They planted 
where they pleased, and cut wood where they pleased. So 
did we. But now, if a poor Indian attempts to take a little 
bark from a tree to cover him from the rain, up comes a 
white man and threatens to shoot him, claiming the tree as 
his own.'* The honorable conduct of the French settlers 
toward the Indians is a part of Missouri history which admits 
of just pride. 

23. From 1793 to 1804.— In 1793 Trudeau came 
into office, and in 1799 he was succeeded by Delassus 
(De-la-su) the last of the Spanish commandants. Aside 
from the "hard winter" of 179S-1799 and the "small-pox" 
of 1801, there are but two important facts to consider. They 
explain the rapid increase of the population which in 1800 
arose to about six thousand, and in 1803 to about ten 
thousand, and also why nearly all of the increase was 



164 



SIS TOBY OF MISSOUBI. 



English instead of French, (i) By a voluntary grant from 
Virginia, Congress in 1784 acquired all the soil north of the 
Ohio river known as the Northwest Territory, and in 17S7 
passed a law prohibiting slavery therein. Hence many of 
the settlers in that territory who owned slaves came to Mis- 
souri, and many others from the slave States sought homes 
where the law did not apply. (3) The other cause was the 
liberal terms upon which the immigrant could obtain soil 
west of the Mississippi. In 1796 the English of Canada 
threatened an invasion of Upper Louisiana. The Spanish 
authorities conceived themselves under the necessity of 
strengthening their settlements for defense. They argued 
that the hostility of the people of the United States toward 
England would prove a sufficient guaranty of their fidelity 
to Spain. Hence lands were freely offered to all such set- 
tlers as would pay the office fees and expenses of surveying. 
By these terms one could get eight hundred acres of land of 
his own choosing, for about fifty dollars, almost entirely free 
from subsequent taxes. In making these grants no favor- 
itism was shown Catholics as against Protestants, and the 
king gave orders that the people were not to be disturbed in 
the exercise of their religion. 

24. General Conditions. — Such in brief is the history 
of Spanish rule in Missouri. It was, for the most part, 
brave, manly and wise. The people were faraway from the 
civilization of the world, in the very heart of a continent 
inhabited by savages, with only a few settlements by white 
persons within a thousand miles of them. They were free 
from taxation, free from the tyranny and interference of a for- 
eign king, and untrammeled by a bigoted priesthood. Yet 
the amicable terms they maintained with the Indians, and the 
orderly government they held over themselves without laws 
or juries, and almost without officers of any kind, enlist at 



SPANISH BULB. 



I6S 



once our admiration and hold our serious thought. So that 
we do not wonder that, when the country was transferred to 
the United States in 1804, "few of the French and part of 
the English- Americans only were reconciled to the change, 
though they never manifested any discontent." 

25. Population. — Another census, taken in 1800, gives 
the population of St. Louis at 935 ; of St. Charles, at 875 ; 
of Ste. Genevieve, at 949; of New Madrid, at 782, and the 
entire population of Missouri at 6,028. Of this number 4,948^ 
were whites, 197 free colored, and 883 slaves. Nearly four 
years later w^hen the territory was transferred to the United 
States, it had increased to 9,020 whites and 1,320 colored, 
most of the latter being slaves. 

Questions on Chapter III. 

1. Who was the first lieutenant-governor? (15) 

2. What is said of his administration? (15) 

3. What is said of the people? (15) 

4. Describe the soil and the settler? (16) 

5. How was the land owned? (17) 

6. Describe the settlements? (17) 

7. Describe the houses? (17) 

8. What was the size of each settler's field? (17) 

9. And what was the common? (17) 

10. What is said of the social condition of the people? (18) 

11. How did they settle disputes? (19) 

12. What caused the attack on St. Louis? (20) 

13. Describe it? (20) 

14. Who was the second lieutenant-governor? (21) 

15. Who was commandant before him? (20) 

16. Who was the third lieutenant-governor; and the fourth, and 

the term of each? (21) 

17. What is said about pirates on the Mississippi? (21) 

18. What is said of the Indians? (22) 

19. What were the two principal events of the last twelve jears of 

Spanish rule? (23) 

20. Who were the commandants during this time? (23) 



66 



HISTORY OF MISSOURI, 



21. What is said of the Spanish rule? (24) 

22. What was the entire population in 1804? 



(25) 



Topical Outline of Chapter III. 



r 



Spanish Rule. •{ 



1. Piernas. 

2. Dealings with Indians. 

3. Character of Soil. 

4. Settler's House. 

5. His Field and Lands. 

6. His Social Habits. 

7. Settlement of Disputes. 

8. British and Indian Attack. 

9. Mississippi Pirates. 

10. Shawnees and Delawares. 



II. Immigration to Missouri. 



( I. No Slavery in 
Northwest 
Territory. 
Cheap Lands. 



PART IL 
TERRITORIAL PERIOD 



CHAPTER I. 
THE LOUISIANA PURCHASE. 

26. The Situation. — By the treaty o£ 1763 Spain 

acquired all the country west of the Mississippi and the 
island on which New Orleans is situated. Events which 
startled the world had been taking place in Europe toward 
the close of this century. Napoleon Bonaparte was in the 
full flush of military triumph, and had raised France to great 
political supremacy on land. He wished also to advance her 
to a high position at sea and in commerce. In furtherance 
of this plan he determined to have Louisiana. He asked the 
king of Spain to cede all that territory to France, and in 
return offered to establish the king's son-in-law upon the 
throne of the new kingdom of Etruria, which he was about 
to set up. The transfer was made on October i, 1800, and 
thus the title to a territory much larger than all the thirteen 
original colonies was acquired by a stroke of the pen. But 
the negotiation was kept secret. Napoleon feared if Eng- 
land knew it at once she might make it impossible for him 
ever to possess the country. But, nevertheless, the title to 
Missouri was now in France again. We must see how it 
came to belong to the United States. 

27. The Purchase. — It was not rhany months till It 
became known in America that the cession had been made. 



1^8 BISTOBY OF MISSOURI. 

The announcement created great unrest throughout the coun- 
try, especially in the Ohio valley, which at this time was 
inhabited by over a half million people from the Atlantic 
States. For some years before the transfer to France, Spain 
had claimed the sole right of the navigation of the Mississ- 
ippi, which was the only way the people of the Ohio 
country had of reaching the world's markets. This claim 
on the part of Spain greatly disturbed their trade and aroused 
the people to indignation and resentment, and led them to 
declare they would take up arms to hold the Mississippi. 
The people beyond the Alleghanies gave little heed to these 
Ohio troubles till Louisiana was transferred to France. Then 
a protest arose from the whole nation. A weak nation like 
Spain was not to be feared, but a powerful one like France, 
in full control of the Mississippi river and with a strong gar- 
rison at New Orleans, could greatly impair the power and 
greatness of the United States. President Jefferson, there- 
fore, instructed Mr. Livingston, the Minister to France, to 
protest in the name of his nation against any attempt by 
France to occupy Louisiana. But about this time England 
was drawn into the war against Napoleon. She was mis- 
tress of the sea and could easily thwart Napoleon's plans of 
possessing himself of Louisiana. She, too, objected to 
France having that great country, and determined to oppose 
Napoleon in any attempt to possess himself of it. From 
these reasons and because of the demand for all his forces 
for his military operations on land. Napoleon saw the cov- 
eted prize had gone from him forever. Besides he was in 
need of money. But he was determined to put it out of the 
reach of England, and hoping to conciliate the United States 
toward him he proposed to Mr. Livingston to sell Louisianao 
President Jefferson sent Mr, Monroe, afterward President 
himself, to France to assist in the purchase of New Orleans 
and West Florida, but on his arrival he found Napoleon 



THE LOUISIANA PURCHASE. 



169 



willing to sell all of Louisiana. Monroe and Livingston, 
therefore, undertook to purchase the whole. Napoleon had 
instructed his officer not to take less than fifty million francs, 
but he at first asked one hundred million. The American 
ministers offered eighty million, and the trade was soon 
closed. Of this sum, which amounted to $15,000,000, one 
fourth was remitted because of the damage which had been 
done to the trade of the Ohio country after Louisiana had 
been transferred from Spain to France. 

28. Terms of the Contract. — The contract of pur- 
chase was signed on May 3, 1S03, and on October 17 the 
treaty was ratified in the United States Senate by a vote of 
twenty-four to seven; and, on the twenty-first. Congress, by 
a large majority of each house, at once provided for the 
bonds with which to pay for the purchase. By Article III of 
the contract, written by the great Napoleon himself, it was 
stipulated that "the inhabitants of the ceded territory shall 
be incorporated in the Union of the United States and 
admitted as soon as possible, according to the principles of 
the Federal Constitution, to the enjoyment of all the rights, 
advantages and immunities of citizens of the United States ; 
and in the meantime they shall be maintained and protected 
in the free enjoyment of their liberty, property, and the reli- 
gion which they profess." These words are important, 
because they entered largely into the controversy which grew 
out of Missouri's application for admission into the Union. 
The purchase having been made and indorsed by Congress, 
it only remained for the United States to take formal posses- 
sion of the territory. This was easily done. On the ninth 
of March, 1804, the American troops crossed the river and 
entered St. Louis, and Delassus, on the part of Spain, deliv- 
ered Upper Louisiana to Captain Amos Stoddard, of the 
United States Army, who had been commissioned by France 



i^o 



HISTORY OF MISSOURI. 



to receive it in her behalf, and on the next day he transferred 
it to the United States. The territory thus acquired amounted 
to 900,000 square miles, almost one third of the entire area 
of the United States at present, and included all the country 
west of the Mississippi to the Rocky mountains except 
Texas and a part of Colorado and Kansas. A recent Gov- 
ernment map, "compiled from official surveys," makes it 
also include Idaho, Oregon and Washington. 

Questions on Chapter I. 

1. What territory had Spain acquired by the Fontainbleau 

treaty? (26) 

2. What military chieftain was in full triumph at close of 

eighteenth century? (26) 

3. What did he desire to do with Louisiana? (26) 

4. How did he obtain it? (26) 

5. What effect did the cession to France produce in America? 

(27) 

6. Why? (27) 

7. Who was President at this time? (27) 

8. Why was Napoleon compelled to sell Louisiana? (27) 

9. What Americans made the purchase? (27) 

10. What was the price paid? (27) 

11. What was the date of the contract? (28) 

12. What body ratified it? (28) 

13. How was the land paid for? (28) 

14. What is Article in? C28) 

15. Who wrote it? (28) 

16. Why is this article important? (28) 

17. Who took formal possession on behalf of the Union? (28) 

18. What did the purchase include? (28) 

Topical Outline of Chapter I. 



The 
Louisiana 
Purchase. 



1. Fontainbleau Treaty. 

2. Napoleon. 

3. Transfer to France. 

4. Effect in America. 

5. Reasons for Selling. 

6. Price. 

7. Article III. 

8. Extent of Territory. 



CHAPTER II. 

MISSOURI'S FIRST YEARS AS A TERRITORY. 

29. The New Arrangement. — Louisiana was di- 
vided into two parts soon after its transfer to the United 
States. All of it now within the State of Louisiana was 
then called the Territory of Orleans; to the rest was given 
the name of the District of Louisiana at first, but within a 
year it was changed to the Territory of Louisiana. It of 
course embraced the country now called Missouri. For the 
purposes of government the district was attached to the then 
Territory of Indiana, whose governor at that time was 
General William Henry Harrison, afterwards President for 
a short time. He first set in operation the powers of the 
United States over the new territory. The people objected 
to being attached to Indiana, and drew up a remonstrance 
and petition to Congress in which they asked to be organized 
as a territory of the second class. Fifteen men, '^elected by 
the free men of the district," were chosen to prepare the 
paper, and of this number eight were of French extraction, 
which fact indicates of what races were the settlers of 
Missouri at that time, and also how readily the Frenchman 
adopted the political methods of his neighbors of English 
blood, with whom almost alone it was a rule to ask for a 
redress of grievances by petition. 

30. Neglect of Congress. — Their petition was in 
part granted. Congress recognized three grades of territories 
at that time. The district was separated from Indiana and 
erected into a Territory of the first or lowest grade, instead 
of the second, for which they had asked. The Governor and 
three judges, to be appointed by the President, were to make 



172 



HISTORY OF MISSOURI. 



laws for the government and regulation of the Territory, sub- 
ject all the time of course to the approval of Congress. This 
was agreeable to the people. But nothing was done toward 
a settlement of the disputed titles to their lands. These were 
in great confusion because of the loose way in which the 
Spanish had always made s'urveys and grants of land, and 
because much soil had been granted to settlers by the 
Spanish rulers after the territory had been ceded to France 
in iSoo and before it had been transferred to the United 
States in 1804. Nothing was done towards remedying the 
uncertainty of the land-claimants' tenures, and as a result 
immigration was greatly retarded, and the people undertook 
to defend their titles for themselves. There were courts for 
them to apply to, but not sufficient laws to enable the courts 
to give relief. The delay of Congress in passing the 
needed legislation begot impatience and disorder among the 
people. In some cases the adverse claimants to the soil, 
with gun in hand, determined between themselves who 
should be its owner. But in 1S13, after a delay of nearly 
eight years, Congress passed a law confirming the titles of 
the inhabitants of the different villages to the lands which 
they had occupied prior to the Louisiana purchase. This 
gave the desired relief. The tide of immigration now set 
in strongly again and the price of land increased, in some 
instances six hundred per cent in a few years. It must be 
remembered, however, that these disorders in regard to the. 
land titles were almost entirely confined to those parts of the 
territory which had been settled during the Spanish domina- 
tion and which now were fast losing their French aspect 
because of the rapid influx of persons of English blood. 

31. First Territorial Governor. — The first Gov- 
ernor appointed under the new order of things was General 
James Wilkinson. With him were associated as chief 



MISSOUBFS FIRST YEARS AS A TERRITORY. 



173 



justice, J. B. C. Lucas, a very worthy gentleman, who had 
been a judge in Pennsylvania; and as secretary. Dr. Joseph 
Browne, who was a brother-in-law of Aaron Burr, by whose 
request he obtained the appointment. Jnst at the time of 
Wilkinson's appointment the dissatisfaction above spoken 
of in regard to land titles was beginning. His previous life 
and general qualifications, it was thought, would check all 
this, and bring the United States government into popular 
favor with the inhabitants whose traditions, customs and 
blood were so very different from those of the rest of the 
Union. But this proved to be a sad mistake. To properly 
understand these assertions it will be necessary to speak of 
the unusual course of Aaron Burr and Wilkinson's connec- 
tion therewith. 

32. Burr and Wilkinson. — Burr had, in 1801, been 
elected Vice-President, and prevented from being President 
only by a very narrow majority vote of the House of 
Representatives. Becoming unpopular as a politician, sour 
at his disappointment, but still ambitious for political 
renown, towards the close of his term he came to the West 
with the object of revolutionizing Mexico, making himself 
its ruler, and ultimately attaching all the country w est of the 
Alleghanies to his dominions. He expected his chief sup- 
port from the Territory of Louisiana. There is no reason 
to believe that Wilkinson was not influenced by him and 
perhaps half-heartedly and secretly joined in his plans. 
Burr visited the Territory in September, 1805, and in 1807 
he was put on trial for conspiring to break up the Union, 
and the next year Wilkinson was tried as an accessory to his 
crime. The latter was the principal witness against Burr, 
and in the course of the trial was able to show that he had 
written to the proper authorities at Washington more than a 
year before the final collapse of Burr's plans, that "Burr 



174 



BISTOBY OF MISSOURI. 



was about something, and an eye ought to be kept on him.'* 
This letter perhaps prevented Wilkinson's conviction, but it 
will be seen that it was written a year after Burr had first 
visited him. In fact the evidence seems strong that Wilkin- 
son at first secretly supported Burr, but within a year, from 
fear of the results or from some other equally good cause, 
concluded it best not to yoke his fortunes with Burr's any 
longer. Wilkinson, besides his compromising relations with 
Burr, was a speculator in land and his conduct was otherwise 
odious to the people. Hence he was removed after acting 
as Governor about two years and was succeeded by Captain 
Meriwether Lewis, of the celebrated Lewis-and-Clark 
Expedition. Wilkinson afterwards became prominent in 
the war of 1812. 

33. English Immigrants. — In the meantime the peo- 
ple prospered. The population, at first confined almost 
entirely to the villages, had begun to extend itself into the 
surrounding forests and prairies. Settlers had found their 
way into Warren county, as far west as the present western 
Doundary of St. Charles county, into Franklin county and 
along the Gasconade. Most of the immigrants at this time 
were from the Atlantic States. Their industry, superior 
knowledge and enterprise soon gave them a controlling influ- 
ence. They occupied the most prominent positions and 
took the lead in society and business. No more immigrants 
came from France and Spain. Lands began to have a rec- 
ognized value and soon speculations in them were active. 
The pursuits of the people began to be largely agricultural. 
In 1808 the first newspaper was established. It was the first 
paper published west of the Mississippi river. It was 
called the ''Missouri Gazette," and with varying success has 
been continuously published since. Its present name is the 
"St. Louis Republic." 



MISSOUBFS FIRST YEARS AS A TERRITORY. 175 

Questions on Chapter II. 

1. How was Louisiana divided? (29) 

2. What was that part including Missouri called? (29) 

3. To what was it attached? (29) 

4. How did Congress provide for the government of the Terri- 
tory? (30) 

5. What was the effect of Congress' neglect? (^30) 

6. Who was first Territorial Governor? (31) 

7. What is said of him? (31) 

8. Describe Burr's and Wilkinson's conspiracies? (32) 

9. Who the next Territorial Governor? (32) 

10. What is said of new immigrants? (33) 

11. Where did they settle? (33) 

Topical Outline of Chapter II. 



First Years as 



1. Territory of Louisiana. 

2. Attached to Indiana. 

3. Territory of Lowest Grade. 



rj^ ^ < 4. Contusion 01 iiules. 

A X ERRIXORV. i _ ttt'ii • 

5. Wilkinson. 

6. Aaron Burr. 

7. English Settlements. 



CHAPTER III. 



EXPLORING EXPEDITIONS. 

34. The Famous Expedition of Lewis and Clark 
was projected by President Jefferson soon after the purchase 

of Louisiana, and was 
placed in charge of Cap- 
tain Lewis, the Presi- 
dent's private secretary, 
and Captain William 
Clark, of the United 
States Army. Each of 
these gentlemen after- 
wards became Territorial 
Governor of Missouri by 
appointment. The com- 
pany was composed of 
nine young men from 
Kentucky, fourteen sol- 
diers, two Canadian 
MERIWETHER LEWIS. ^ boatmcn and a few serv- 

ants. They began the ascent of the Missouri river in May, 
1804, and passed up it to its head waters, stopping off fre- 
quently to explore the surrounding country, collected facts 
about the character and strength of the various Indian tribes, 
about the fertility of the soil, and the number and extent of 
the tributaries of this great river. They spent the first win- 
ter just this side of the Rocky Mountains in forts constructed 
by themselves. Early next spring they began crossing the 
mountains and had many a sharp and wild encounter 
w^ith grizzly bears, mountain lions and other animals. In 
November, 1805, they reached the ocean, having traveled 
176 




EXPLORING EXPEDITIONS. 



177 



over four thousand miles. It was the first expedition of the 
kind ever undertaken by our government, and the return of 
the party safe and successful, after an absence of over two 
years, was hailed with delight throughout the entire West. 
Congress joined in the general acclaim and voted each of the 
persons engaged in the expedition a tract of land in recogni- 
tion of his services ; and in further reward for Captain 
Lewis's services, he was appointed Governor of the territory 
which he had done so much to make known. 

35. Pike's Expedition. — About the same time Zebulon 
Montgomery Pike made like expeditions to the sources of the 
Mississippi, Arkansas, Platte and Kansas, and thereby really 
rendered more service to Missouri than did the expedition of 
Lewis and Clark. In 1810 the journals of travels kept by 
Pike were published, with maps and atlases of the country 
explored, and extensively read. They furnished the first 
reliable information of the extent and value of the new 
country. After their appearance all complaints about the 
amount paid for the Louisiana purchase were hushed. Pike 
county, in the eastern part of the State, was named for this 
energetic explorer. It was because of his well-earned celeb- 
rity, perhaps, that many people in the Eastern States for a 
long time knew the name of only one county in Missouri and 
that was Pike. 

Questions on Chapter III. 

1. What celebrated expedition is discussed in this chapter? (34) 

2. Who were in charge of it? (34) 

3. Of what did the party consist? (34) 

4. Where did they start and go? (34) 

5. What did they encounter? (34) 

6. Where did they spend the first winter? (34) 

7. When did they reach the ocean? (34) 

8. How was their return received? (34) 

9. What is said of Zebulon Pike's Expedition? (35) 
12 



1 78 HISTOB Y OF MISSO UBI. 

Topical Outline of Chapter III. 





f I. Size of Party. 


iTl 


2. Route. 


^ 


I. Lewis and Clark's. <{ 3. Distance Traveled 





4. Encounters. 


s < 


(^ 5. Rewards. 




f T. Country Explored. 




2. Pike's. 2- iT^'^/'r . 

3. Value to Country. 




(^ 4. Namesake. 



CHAPTER IV. 

THE NEW MADRID EARTHQUAKE. 

36. Earthquakes. — A little after midnight of Decem- 
ber 16, 181 1, began a series of earthquakes among the 
most extensive and destructive in the v^orld's history. 
They extended over half a hemisphere. Sabrina, one of 
the Azores Islands, was elevated 360 feet above the 
level of the sea. Caracas, a city of Venezuela of 10,000 
people, was totally destroyed and sunk sixty feet under 
water. In America, the center of the earthquake's disturb- 
ances, both in point of violence and in position, was near 
New Madrid on the Mississippi river, in the southeastern 
part of Missouri. The disturbances extended north to the 
mouth of the Ohio river, south to the mouth of the St. Fran- 
cois, and far into Arkansas and Tennessee. They began in 
a sudden shock which shook down walls, wrecked houses, 
tore up trees and set many things on the surface contrariwise. 
This was followed by undulations of the earth resembling 
waves, increasing in elevation as they advanced, and when 
they had attained a fearful height, the earth would then 
burst and vast volumes of water, sand and pit-coal were 
thrown up as high as the tops of trees. The earth rocked 



THE NEW MADRID EARTHQUAKE. i^^ 

and reeled under men's feet. Fissures were formed, six 
hundred and even seven hundred feet in length, and twenty 
or thirty in breadth. Large oak trees were split in the cen- 
ter and forty feet up the trunk, and one part left standing on 
one side of the fissure, and the other part on the other twenty 
feet distant. There issued no burning flames, but flashes 
such as result from the explosions of gas. The atmosphere 
was filled with this thick gas, to which the light imparted a 
purple hue. The waters in the Mississippi river suddenly 
rose several feet. In some places trees which had rested on 
the bottom of the river for perhaps centuries were elevated 
above the water and yet rested on the soil. Other places off 
the shore suddenly sunk and the water overflowed them. 
The water thrown up during the eruption of the "land 
waves" was lukewarm, so warm as to produce no chilly 
sensation to persons wading or swimming through it. Many 
fissures, besides the ones described, were of an oval or circu- 
lar form, forced up to a considerable height, and others 
formed large and deep basins one hundred yards in diame- 
ter, 

37. Remarkable Results. — But the most marked fea- 
tures yet remaining of the extent of these land disturbances 
were the great depressions and elevations of the surface. 
Great tracts of country which hitherto had been lakes 
became dry land, and much dry land became lakes. Reel- 
foot Lake, on the opjposite side of the river in Tennessee, 
twenty miles long and seven wide, was formed. The trunks 
of dead oaks and cypresses above thirty feet in height cover 
its bottom, over which boats can now be plied without inter- 
ruption. A large extent of country on the Missouri side of 
the river was sunk ten feet below its former elevation. 
Much of the soil was ruined for agricultural purposes, some 
of it for all time. 



iSo HISTORY OF MISSOURI, 

38. New Madrid Claims. — Afterwards Congress 
attempted to give relief by passing a law granting to each 
proprietor who had sustained serious loss a section of land 
in what was known as the "Boone's Lick country," on con- 
dition that he relinquish his desolated farm to the Govern- 
ment. Perhaps twice as much land w^as occupied under 
this law as was ever destroyed in the New Madrid country. 
The "locations" were called New Madrid claims, and 
because of their conflict with other entries, have been the 
source of endless litigation. 

Questions on Chapter IV. 

1. What results of the earthquake of iSii are mentioned? (36) 

2. What was its center in America'? (36) 

3. Describe some of its features. (36) 

4. What other remarkable features are mentioned? (37) 

5. What are ''New Madrid claims?" (38) 

6. How much lands were settled under these claims? (38) 

Topical Outline of Chapter IV. 

1. Date. 

2. Sabrina Elevated. 

3. Caracas Destroyed. 
New Madrid , 4- In America. 
Earthquake. < {' Fissures. 

6. borne Results. 



^ 



7. Depressions of Surface, 

8. Reelfoot Lake. 

Q. New Madrid Claims. 



CHAPTEE y. 

OTHER SETTLEMENTS. 
39. First English Settlements. — There were a 

number of small and scattered settlements in St. Charles, 
Gasconade and Warren counties as early as 1800 and the 
ten years succeeding. But we have now come to the first 
important settlement by people of English blood within 
Missouri. It was in Howard county, in the river bottom 
near Franklin, in 1810. The country had been previ- 
ously visited by William Nash and some surveyors in 1804, 
who located claims, and again by Lewis and Clark who 
explored the country and speak of having encountered many 
rattlesnakes there. In 1S07 Nathan and Daniel Boone, at 
this time residents in St. Charles county, and sons of the 
celebrated Daniel Boone, began the manufacture of salt at 
Boone's Lick in the western part of what is now Howard 
county. This they shipped down the river in canoes made 
from logs, hollowed out and made water-proof by daubing 
the open places with clay. Col. Benjamin Cooper with his 
large family joined them in 1S08, but Governor Lewis 
informed them that the protection of the Government from the 
Indians would not be extended them at that* distant home, 
and ordered them to return to the Gasconade settlement. 
This they did, but in iSio Cooper, accompanied by about 
one hundred and fifty families, mostly from Madison county, 
Kentucky, again came to Howard county, and of this great 
number all settled in Howard except Stephen and Hannah 
Cole, who crossed the river and became the first settlers of 
Cooper county, settling near the present site of Boonville. 

40. Daniel Boone was a man whose like this country 
perhaps will never see again. His father came from 

181 



lS2 HISTORY OF MISSOURI. 

England and settled in Bucks county, Pennsylvania, where 
Daniel was born, July 14,1733 (the same year in which George 
Washington was born), and where he received the rudest 
education. When he was eighteen his family moved to North 
Carolina. In 1769 with five hunters he explored the border 
regions of Kentucky, and was captured by the Indians, but 
soon made his escape. In a short time he was joined by his 
brother, and both were captured and a companion was killed. 
They escaped, his brother returned to North Carolina and he 
was left alone in the wilderness with only his rifle to gain 
subsistence and defend himself from the Indians. He con- 
tinued his explorations, and in 1773 moved to Kentucky with 
seven other families, and was soon employed to lay out the 
lands by Virginia, of which Kentucky was then a part, and 
in commanding the garrisons which had been established for 
fighting the Indians. His life in Kentucky was spent in hunt- 
ing, fighting the Indians, being captured by them and escap- 
ing. In 1793 he lost all his lands because of defective title 
and quitted Kentucky in disgust. Hearing of very fertile lands 
in Missouri, he came here about 1794 and settled forty-five 
miles northwest of St. Louis, in what is now Warren county. 
There he obtained a grant of ten thousand acres of land, 
by reason of an agreement he formed with Delassus to bring 
one hundred and fifty families into Upper Louisiana from 
Virginia and Kentucky. But the grant was never confirmed 
because Boone failed to get the signature thereto of the direct 
representative of the Spanish crown. Aftervv^ard Congress 
granted him one thousand acres for his gallant public serv- 
ices. He spent most of his latter days with his son. Major 
Nathan Boone, and died in 1820 in his house, a two-story 
stone, the first of its kind in Missouri, some six miles from 
the Missouri river in St, Charles county. His body was 
buried in a cherry coffin w^hich he had prepared himself 
and kept ready for years. The Legislature adjourned for one 



OTHER SETTLBUBNTS. 



183 




DANIEL BOONE AND HIS FAITHFUL DOG. 



1 84 



HISTORY OF MISSOURI. 



day out of respect for the old hero. The remains of himself 
and wife were afterward interred with ceremonial pomp at 
Frankfort, Kentucky, in 1845. His descendants in Missouri 
are numerous and can be found in various parts of the State. 

41. Territorial Officers. — Wilkinson, the first Gov- 
ernor of the Territory of Louisiana, was succeeded in the 
spring of 1807 by Meriwether Lewis, who, while on his way 
to Washington, committed suicide in Tennessee in 1809 by 
shooting himself. President Madison appointed as his suc- 
cessor Gen. Benjamin Howard of Lexington, Kentucky. In 
181 2 Congress passed a law by which on the twelfth of De- 
cember of that year Louisiana was to be advanced from the 
\ first to the second grade of Territories, and its name changed 
to Missouri. The last official act of Governor Howard was 
to issue a proclamation ordering an election to be held in No- 
vember for a delegate 
to Congress and for 
members of the Ter- 
ritorial Legislature to 
be organized under 
this law. He resigned 
soon after this to be- 
come Brigadier-Gen- 
eral in the army dur- 
ing the war of 18 12, 
and died in St. Louis 
in 1S14, having filled 
his position with com- 
mendable merit. How- 

CAPrAiN WILLIAM CLARK. ^^^ county, which was 

settled while he was 
Governor, was named in his honor. He was succeeded by 
Captain William Clark, of the celebrated expedition of Lewis 




OTHER SETTLEMENTS. ig:? 

and Clark, who served as Governor till Missouri was admit- 
ted into the Union. No man ever in the West had more 
influence over the Indians than did "Redhead," the name by 
which Clark was known. He stood between them and the 
whites for years, was always their trusted friend and averted 
many a threatened invasion by them and succeeded in ami- 
cably purchasing their lands for the United States or obtain- 
ing them by treaty. Edward Hempstead, of St. Louis, v^-as 
elected the first delegate to Congress in iSi3 and was the 
first delegate to that body from west of the Mississippi river. 
He was succeeded in 1815 by Rufus Easton, and he in 1817 
by John Scott, who served till Missouri became a State. All 
were honorable and able men. By an act of 1816 Missouri 
was advanced to the third or highest grade of territorial gov- 
ernment. 

42. Franklin. — The settlement about Boone's Lick 
grew rapidly. However, the Indians, especially the Potta- 
watomies and Foxes, stole the settlers' horses and kept them 
in almost constant alarm. Five different forts were built for 
their protection, but nevertheless many of the prominent men 
were killed, some of them in their own houses. Yet there 
was no power to avenge their wrongs or to prevent these re- 
currences except the strength of their own arms, for this part 
of the Territory at that time was beyond the organized juris- 
diction of any government. In 1S16 Franklin was laid off 
opposite the present site of Boonville. It was the first town 
of any importance west of St. Charles. It grew rapidly and 
soon came to have considerable population. Indeed, for 
many years Franklin was the center of society and commerce 
for all that class of immigrants who came from the older 
States, and who for the most part settled, not in St. Louis 
and south of it along the Mississippi, but in what soon be- 
came Howard county. Among its inhabitants were men who 



1 86 HISTORY OF MISSOURI. 

afterward became the most prominent Governors and useful 
Supreme Judges of the State. It was for many years a Gov- 
ernment land office, with Thos. A. Smith as Receiver and 
Charles Carroll as Register. It had the first newspaper pub- 
lished west of St. Louis, which still lives in the Columbia 
Statesman. The old town has long since been mostly washed 
away by the encroachings of the Missouri river. 

43. Howard. Gounty. — Howard county was organ- 
ized in iSi6. It at first included all that territory from 
which have since been carved thirty-one counties, twelve 
south of the Missouri river and nineteen north of it. For 
this reason it is yet known as the "mother of counties." Its 
seat of justice was first Cole's Fort, on the south side of the 
river in Cooper county; in 1S17, it was removed to Franklin 
and in 1S23 to Fayette. It was long the center of political 
influence in the State, and before the war " Howard county, 
the mother of Missouri Democracy," was frequently heard. 
Around Franklin as a center, population rapidly increased, 
and in a few years it had spread out into what afterward be- 
came Boone, Callaway, Cooper, and Chariton counties. All 
central Missouri was being rapidly transformed from a wil- 
derness into happy homes. 

44. Tide of Imniigration. — The War of 1813 

ended in 1S15. At its close immigration to Missouri set in 
more rapidly than perhaps was ever elsewhere known in the 
United States up to that time. The rush was greatest from 
Virginia, Kentucky, North Carolina and Tennessee. As 
many as one hundred persons are said to have "passed 
through St. Charles in one day on their way to Boone's Lick, 
and this rate was kept up for many days together." Many 
of these "movers" brought with them a hundred head of 
cattle, besides hogs, horses and sheep and from three to 
twelve slaves. These long trains presented a sight which 



OTHEB SETTLEMENTS. 



187 



will never be seen in this country again. It was long before 
the day of railroads and just before the time of steamboats. 
There was the huge wagon filled with the family's "plun- 
der," drawn by three or four yoke of oxen. Next came the 
herds of cattle and sheep, each with many bells, making a 
beautiful chime, and as this mingled with the dull thud of 
the wagon, the coarse voice of the herder and driver, a 
peculiar impression was made which only those can appre- 
ciate who have heard it. At night the family would camp 
around the fire, the cattle would lie down and ruminate, the 
"movers" would recount the thrilling incidents of the day, 
the slaves joining in, and, whenever an opportunity offered, 
telling strangers of the "quality" of their families. 

45. Pioneer Life. — When the immigrant arrived at 
his journey's end his first business w^as to look him out a 
farm. Though land speculators had done much to confuse 
titles to the soil, yet land was abundant, and with no great 
toil each man could "open him up a farm." A log cabin 
was easily raised, and the land fenced with what was known 
as a "Virginia rail fence." Until his first crop w^as raised, he 
could easily obtain a subsistence for himself and family by hunt- 
ing and trapping. At that time the forests, and even prairies, 
which were covered with a high luxuriant grass, abounded 
in deer, bears, wolves, panthers, wild cats, wild turkeys, and 
various small game. The flesh of some of these, such as 
the deer and bear, furnished him food, and their skins were 
made into serviceable clothes. While his lot was romantic 
yet it required stern hardihood to endure it. The Indians 
were about him and were not always friendly. The fiercer 
wild animals attacked his young cattle, and often carried 
away his lambs and pigs. He had but few books and papers, 
schools were rare, and only occasionally did he hear the 
Gospel preached, but his hardships inspired him with 



1 88 HISTORY OF MISSOUBL 

self-confidence and a purpose of character, which yet mark 
his descendants. 

46. His House. — His log cabin differed somewhat 
from the houses of the French settlers. The posts were not 
set upright and slats nailed horizontally to them, as was 
the fashion with the French settler, but instead, he generally 
used large logs, hewn into shape, and fitted into one another 
by means of notches in the ends. These were laid one on 
another, and the spaces between were filled with pieces of 
wood called "chinking" and around these was daubed a 
plaster made of clay. The door was made of heavy cross- 
pieces and rough-hewn boards. They were hung on wooden 
hinges and fastened on the inside with a wooden latch. The 
latch could be raised from the outside by a string attached to 
it which passed through a hole in the door above the latch. 
To lock the door was simply to draw the string inside, and 
so *'my latch-string ahvays hangs on the outside" became a 
popular term of hospitality and an assurance of welcome to 
the neighbor or passing stranger. The windows were with- 
out glass. The light was admitted by a shutter which stood 
ajar, or through greased paper attached to a frame-work 
something like a sash. Sometimes the cabin was thirty feet 
square, and if tvv'o rooms were built a wide hall ran between, 
and the larger room was called the "big house." As the 
farmer grew wealthier, population increased and the means 
of transportation improved, all these things gave way to the 
conveniences of modern life. 

47. His Money.— He had little money, and indeed 
had need for but little. He raised his own food. The ma- 
terials for his clothing were grown in his fields or sheared 
from his flocks and were converted into cloth and made into 
garments by the w^omen of the household. What trading he 
did w^as mere barter ; that is, the exchange of one article for 
another. Peltries, lead and its product in the shape of shot, 



OTHER SETTLEMENTS. 



1S9 



were used in the place of money. There were Spanish dol- 
lars, however, and these w^ere often cut into halves, quarters, 
and even eighths, which, because of their small size, came 
to be called "bits." For any less amount pins, needles, 
sheets of writing paper, and other articles of small value 
were used. 

48. Lead and The Fur Trade. — But agriculture was 

not the only pursuit. Lead was produced in great abun- 
dance. "One million, five hundred thousand pounds wxre 
annually turned out by the Maramec mines alone, which gave 
employment to three hundred and fifty hands, exclusive of 
smelters, blacksmiths and others." Much of it was turned 
into shot and a tower for that purpose was erected at Ste. 
Genevieve. The fur trade was very large. As early as 
1804 it amounted to two hundred thousand dollars per annum. 
Large trading companies, with headquarters in St. Louis, 
were organized, which sent out trappers along almost every 
tributary of the Missouri to the Rocky mountains. 

49. The First Steamboats. — In 181 1, the New 

Orleans, the first steamboat built west of the Alleghany 
mountains, made the trip from Pittsburg to New Orleans. 
This settled forever the question of the use of steam as a 
motive power on the western waters. In the next eight 
years sixty-three steamers were built and plied on the Ohio 
and Mississippi. On the second of August, 18 17, the first 
steamboat that ever ascended the Mississippi above the mouth 
of the Ohio arrived at St. Louis. Its name was General 
Pike and its master w^as Jacob Read. On May 28, 18 19, the 
Inde^eitde^ice, the first steamboat to ascend the Missouri, 
arrived at Franklin, having been twelve days on the journey 
from St. Louis. Soon after this steamboats became com- 
mon on these rivers, and their appearance, which was at first 
dazzling, became familiar sights. They added a new impe- 
tus to commerce and assisted much in the speedy delivery of 



190 



HISTORY OF MISSOURI, 



the mails. Yet these conveniences could scarcely be com- 
pared to our modern railroads. It usually took a letter from 
four to six weeks to come from New York or Washington, 
and the postage on a single letter, even many years afterward, 
was twenty-five cents. 

50. Business Depressions. — The last few jears before 
Missouri's admission into the Union was a season of severe 
trial in finances. The year 1S18 found nearly everybody in 
debt. The Bank of St. Louis was established in 1816, and 
the next year the Bank of Missouri, with a capital of $250,000, 
was organized. These for a tune increased the volume of 
business, but also aided the spirit of speculation in land and 
accelerated other ventures. Government land was sold for two 
dollars an acre, one fourth to be paid in cash and the rest in 
two, three and four years. So numerous were the failures on 
account of the mania for speculation in land, that rarely none 
but the first payment was made. Dealing at the stores was also 
upon credit. Payments were made with promissory notes or 
bank notes, which were considered as good as cash. These 
of course drove out the coin; and when the day of final set- 
tlement came there was no money with which to make pay- 
ments. Land and all kinds of farm products, though abun- 
dant, were unsalable. The Territorial Legislature tried to give 
relief by issuing certificates which were made receivable for 
taxes and debts of every kind due the State. The courts set 
this act aside, and for doing so were of course wickedly 
censured, but relief came in time, though slowly, as is usual 
after such depressions. 

51. Population. — The population of the entire terri- 
tory now known as Missouri was about 20,000 in 1810. In 
1820 it was 66,000. The population of St. Louis in 181 1 
was about 1,400, "composed of a motley mixture of Cana- 
dian-French, a few Spaniards and other Europeans, and a 
somewhat larger proportion of Americans." In 1820 it was 



OTHER SETTLEMENTS, 



191 



4,938. Of the population of this territory in 1S20 about 
10,000 were slaves. The number of counties increased from 
five to fifteen in the ten years preceding 1820. 



Questions on Chapter V. 



(41) 



(43) 

(44) 



1. Where was the first important English settlement? 

2. Who was in charge of it? (39) 

3. Where were the settlers from? (39) 

4. What is said of Daniel Boone? (40) 

5. What is said of Meriwether Lewis? (41) 

6. Of General Howard? (41) 

7. Who succeeded him? (41) 

8. What is said of Clark? (41) 

9. Who was the first delegate in Congress? 

10. Name two others. (41) 

11. What is said of Franklin? (42) 

12. What is said of Howard countj? 

13. For whom was it named? (41) 

14. What is said of the immigrant? 

15. Describe his surroundings in the new country 

16. Describe his house. (46) 

17. What was used for money? (47) 

18. What is said of lead? (48) 

19. Of the fur trade? (48) 

20. What was the first steamboat on the Ohio? (49) 

21. What was the first on the Mississippi? (49) 

22. How long did it take the first steamboat to go from St 

to Franklin? (49) 

23. How did steamboats help? (49) 

24. What is said of financial troubles? (50) 

25. Population in 1810 and 1S20? (51) 

Topical Outline of Chapter V. 



(39) 



(45) 



Louis 



Other 
Settlements. 



1. Important English Settlement. 

2. Daniel Boone. 

3. Territorial Governors. 

4. Delegates in Congress. 

5. Benjamin Howard. 

6. William Clark. 

7. Franklin. 

8. Howard County. 

9. Immigration. 

10. Settler's Surroundings. 

11. His House. 

12. His Money. 

13. Pursuits. 

14. Steamboats. 

15. Depressions. 

16. Population. 



PART III. 
MISSOURI AS A STATE 



CHAPTER I. 
THE ADMISSION OF MISSOURI INTO THE UNION- 

52. Application to Become a State. — The Terri- 
torial Legislature made application for the admission of 
Missouri into the Union as a State in 1818. The applica- 
tion produced a violent sectional issue in American politics. 
It opened up a long acrimonious struggle between the North 
and South for political supremacy in the nation. That 
struggle, attended with bitterness from its beginning, con- 
tinued up to the time of the Civil War, through that war, and 
has scarcely ended even yet. The people of Missouri wished 
to decide for themselves whether slavery should exist in the . 
State. To this the North urged two strong objections. . v/ 

53. First Objection. — The first was, the people were 
sure to permit slavery. It existed in the Territory at the 
time of the application; had been there for fifty years, and 
nothing was surer than that the people would not voluntarily 
abolish it. Since 1789 slavery had not existed north of the 
Ohio river, above the latitude of which lies most of Missouri. 
The admission of Missouri would be a precedent. If the 
privilege were given to her people to decide upon the exist- 
ence of slavery within her borders, so must it be extended 
to the whole Louisiana purchase. Missouri was on the 
border line between free and slave labor. The question, 

192 



THE ADMISSION OF MISSOURI INTO THE UNION. 



193 



then, was whether Congress would interfere with the further 
extension of slavery. If permitted to exist in Missouri, 
without some limitations now agreed upon, it might, by the 
voice of the people, exist in all the Louisiana purchase. 
Against its further extension many citizens throughout the 
North protested in the name of freedom, humanity and a 
higher civilization. 

54. The Second Objection. — The second objection 

was, the admission of Missouri would turn over the control 
of the nation from the North to the South. It was also the 
real objection, the one which did most in controlling the 
northern members in Congress. The Union had been orig- 
inally formed of seven free and six slave States. Up to 
February, 1S19, there had always been one more free than 
slave States, there being at this time ten of the former and 
nine of the latter. The free States had acquired a large and 
constantly increasing predominance in Congress. This was 
the political situation early in 1819 when the application of 
Missouri and Alabama to become States came up in Con- 
gress. Both were slave Territories, both had been settled 
by emigrants mostly from slave States, and of course it w^as 
assumed that their political affiliations would be with the 
South. If admitted, the number of slave States would be 
increased from nine to eleven, while the free States would 
remain ten. This would give the South the ascendency in 
Congress. 

55. Alabama. — Georgia had ceded Alabama's terri- 
tory, and in doing so had made stipulations in regard to 
slavery, which were regarded by Congress as deciding that 
slavery as a form of labor might exist in that State. Ac- 
cordingly Alabama was admitted without opposition as a 
slave State. This made the number of Northern and South- 
ern States exactly the same. The fight for political supremacy, 



IQA , HISTORY OF MISSOURI. 

therefore, was not made over Alabama but Missouri, 
which lay much further north, and was supposed to be con- 
nectional ground between the free labor and the slavery 
States, and might, therefore, be claimed by either. The 
South espoused the cause of the people of Missouri because 
it wished to gain political ascendency in Congress and 
because it was intimately interested in the extension of 
slavery. 

bQ. The Tallmadge Resolution.— The struggle for 

the admission of Missouri was precipitated in Congress by 
a resolution of Mr. Tallmadge of New York: "That the 
further introduction of slavery shall be prohibited ; and thai 
all children born within the State after the admission thereof 
shall be free at the age of twenty-five years." This led to 
a long discussion in which hot and bitter words were bandied 
to and fro with frequency. It will be remembered that when 
the contract of purchase was signed, transferring Louisiana 
from France to the United States, article third, written by 
the great Napoleon, provided that "the inhabitants of the 
ceded territory shall be incorporated into the Union of the 
United States, and admitted as soon as possible, according 
to the principles of the Federal Constitution, to the enjoy- 
ment of all the rights, advantages, and immunities of citi- 
zens of the United States, and in the meantime they shall be 
maintained and protected in the free enjoyment of their 
liberty, property and the religion which they profess." This 
contract with this article in it, was accepted in 1804 by Con- 
gress. It was now seized upon by the opponents of the 
Tallmadge resolution as having settled the question of 
slavery in Missouri before her application for admission. 
Slaves, it was contended, were property. Slavery existed 
in the Territory when the terms of purchase from Napoleon 
were signed, when those terms were accepted by Congress, 
and had been here ever since. If, therefore, slavery was to 



THE ADMISSION OF MISSOURI INTO THE UNION 



195 



be prohibited there it should be left to the State itself to do 
so. Besides it was further contended that these terms of 
purchase were exactly similar in their tenor to the stipula- 
tions Georgia had made when ceding Alabama, which stipu- 
lations obtained for that State the right to abolish or maintain 
slavery as she pleased. 

57. Discordant Views. — To deny Missouri the same 
right was, therefore, to take from her her dignity as one of a 
Union of equal States, to make her yield to conditions which 
had never .before been imposed on any State, and which 
would not now be attempted in her case if the free still out- 
numbered the slave States. This point was urged with 
great ability/ by John Scott, Missouri's delegate then in 
Congress, who felt that to deprive the people of the right of 
choosing their own local institutions was a humiliating con- 
dition, and violated the old maxim that "all just governments 
derive their powers from the consent of the governed." In 
reply to him it was held that slavery existed only by virtue of 
a local law; that it had nev^er been sanctioned by national 
laws, and that on the contrary the Constitution had from the 
first implied an opposition to it, in that it contained an agree- 
ment that the slave trade should cease in 1808. The sup- 
porters of the Tallmadge resolution further held that slavery 
was not only a moral wrong, a political evil, a commercial 
w^eakness, but it was contrary to universal freedom which 
must necessarily inhere in a republic. These views were so 
discordant that one would scarcely suppose a compromise for 
Missouri's admission could ever be reached. Yet such was 
the fact. 

58. The Missouri Compromise. — This was accom- 
plished by the application of Maine for admission in Decem- 
ber, 18:9, and while Missouri's case yet seemed hopeless. 
Maine would, of course, be a free State. Had she applied 



1^6 HISTORY OF MISSOURI, 

for admission at the same time Alabama and Missouri did, 
perhaps all the contention of which we have spoken would 
never have arisen. Then, admitting the three at once, the 
free would not have been outnumbered by the slave States. 
As it was, those in favor of letting Missouri settle the ques- 
tion of slavery for herself, declared both Missouri and Maine 
should be admitted without regard to slavery or both kept 
out. This brought on a dead-lock in Congress, which lasted 
for v/eeks and finally ended in a measure known as the 
* 'Missouri Compromise." This was an agreement that 
Maine should be brought into the Union; that Missouri 
should settle for herself the question of the existence of 
slavery within her territory; and that slavery should forever 
be prohibited from all other territory "north of thirty-six 
degrees and thirty minutes north latitude" which was the 
south line of Missouri. The agreement was implied, 
though not expressed, that Missouri should be admitted into 
the Union according to this agreement. This compromise 
opened up the way for Missouri's admission. In 1857, long 
after that was accomplished, the Supreme Court of the 
United States declared this compromise, by which slavery 
was excluded north of thirty-six degrees and thirty minutes, 
unconstitutional, and that, therefore, the South had no right 
to yield to it and the North no right to ask it. 

59. The First Constitution. — But the people of 
Missouri accepted the compromise as final, and began at 
once to form a State government. A convention to frame a 
constitution met in a hotel, known as the "Mansion House," 
in St. Louis, early in June, 1820. David Barton was elected 
president. Among its members were some very able men. 
Some of them were afterwards very prominent in the affairs 
of the State, such as David Barton, Edward Bates, 
Alexander McNair, Thomas F. Riddick, John Rice Jones, 



THE ADMISSION OF MISSOURI INTO THE UNION. 197 

Du££ Green, Pierre Chouteau, Jr., Benjamin Reeves, A. 
Buckner, John D. Cook and John Scott. There were in all 
forty-one members. They were in session a little over a 
month, and spent for stationery $26.25 and framed a consti- 
tution which in some respects was superior to any Missouri 
has since had. It withstood all attempts to supplant it by 
another until 1865 when the war-time emergency articles, 
called the "Drake Constitution," replaced it. It took effect 
immediately without submission to a vote of the people. 
This constitution was to pass through the fiery ordeal of being 
approved by Congress before Missouri could become a State. 
As had been supposed all along, the Constitution permitted 
the existence of slavery. It was reasonably and properly 
supposed by the people of Missouri and by the South that 
the Northern delegates had consented to this by the agree- 
ment known as the Missouri Compromise. But now when 
the State claimed a fulfillment of this promise Congress 
would not stand to the agreement, and hence a second com- 
promise had to be agreed upon. 

60. One Clause of Missouri's Constitution stipu- 
lated its Legislature should enact a law to ' 'prevent free negroes 
and mulattoes from coming to and settling in the State." 
This clause, it was now contended, was contrary to a pro- 
vision of the Federal Constitution which guaranteed to "the 
citizens of each State the privileges and immunities of citi- 
zens in the several States." The members of Congress from 
the North held that free negroes were recognized as citizens 
in some of the old States and hence this clause in Missouri's 
Constitution was in conflict with the Federal Constitution. 
It will be remembered that it is made the duty, by that same 
Constitution, of the Supreme Court of the United States to 
determine what State laws are in conflict with it, and when 
any law is found to be so it is void from the time of its enact- 
ment. Why Congress should desire to assume the functions 



198 



HISTORY OF MISSOUEI, 



of this high judiciary is not explicable except on political 
grounds. 

61. An Unreasonable Contention. — The claim led 

to an absurdity. If one State could declare a certain class 
of men * 'citizens" and then the Constitution should come in 
and say all the other States should therefore acknowledge 
them as citizens, too, and should extend to these citizens all 
the privileges and immunities of citizens of each of these 
respective States, of course there vs^ould be no limit to citi- 
zenship. "Free negroes" would not alone be citizens. One 
State might declare a Chinaman or an Indian a citizen, and 
by this claim all the other States must acknowledge him a 
citizen, and must have nothing in their law^s which would not 
allow him "all the privileges and immunities" of any of their 
own residents. This, of course, led to an absurdity. The 
object of the clause in the Missouri Constitution was to keep 
an undesirable class of persons from settling within her 
borders. Illinois had exactly the same law as late as 1846, 
and Congress at no time attempted to interfere with it. This 
clause, however, was the subject for long and bitter discus- 
sion in the House. The Senate saw the absurdity and 
dishonesty of such opposition and soon became in favor of 
admission. 

62. The Clay Compromise. — It was at this time 

that the great Henry Clay, of Kentucky, came to the rescue. 
He has been called the author of the Missouri Compro- 
mise. This is a mistake. Mr. Thomas, of Illinois, was 
the author of that measure, yet Mr. Clay gave it his powerfiil 
support. But he was the author of the second compromise. 
He induced the House to agree to leave the provision for the 
admission of the State to a committee of twenty-three mem- 
bers from the House — the then number of States — to act 
jointly with a committee from the Senate. This committee 



THE ADMISSION OF MISSOURI INTO THE UNION ^ iqq 

reported to the House a resolution admitting Missouri when- 
ever her Legislature should pass a Solemn Public Act repeal- 
ing the clause in reference to the exclusion of free negroes 
and mulattoes, and when this was done the President should 
proclaim her admitted. This resolution passed the Senate 
by a vote of twenty-eight to fourteen, and the House by a 
vote of eighty-six to eighty- two. 

63. The Solemn Public Act. — Then the Governor 

of Missouri called the Legislature together to pass the 
Solemn Public Act. It first spoke of the absurdity of Con- 
gress in demanding it, declared if any clause in the State 
Constitution was in conflict with the Federal Constitution, 
that clause was therefore void and had always been; but "to 
give to the world the most unequivocal proof of her desire 
to promote the peace and harmony of the Union," it there 
•'solemnly and publicly declared and enacted" that no part 
"of the Constitution of this State shall ever be construed to 
authorize the passage of any law by w'hich any citizen of 
either of the United States shall be excluded from the 
enjoyment of any of the privileges and immunities to which 
such citizens are entitled under the Constitution of the 
United States." A certified copy of this Act w^as sent to 
President Monroe. He promptly issued a proclamation 
declaring the admission of the State complete. The precise 
date thereof was August lo, 1S31. Thus ended for a time 
a struggle w^hich had not up to that time had a parallel in 
the admission of any other State. 

Questions on Chapter I. * 

1. What was the effect of Missouri's application to become a 

State? (52) 

2. What right did the people of Missouri claim for themselves? 

(52) 

3. What was the first objection to this? (53) 

4. What argument was used to support it? (53 ) 



300 



HISTORY OF MISSOURI. 



5. In the name of what did the North protest against the further 

extension of slavery? (53) 

6. What was the second objection to Missouri's admission? 

(54) 

7. What was the relative political strength of the North and 

South at that time? (55) 

8. What is said of Alabama? (55) 

9. Why was the opposition waged around Missouri? (55) 

10. What was the Tallmadge resolution? (56) 

11. What was the third article of the contract of the Louisiana 

purchase? (56) 

12. How was it argued that this article settled the question? (56) 

13. What did John Scott contend? (57) 

14. What two replies were made to him? (57) 

15. What prepared the way for a settlement? (58) 

16. What were the terms of the Missouri Compromise? (58) 

17. How did the people of Missouri accept the Compromise? (59) 

18. When was the first Constitution framed? (59) 

19. Name some of the members of the convention. (59) 

20. How long did the Constitution remain in force? (59) 

21. What objection was urged to the Constitution? (60) 

22. What did this contention lead to? ;^6i) Why? (61) 

23. How did the Senate regard it? (61) 

24. What was the second compromise? (62) 

25. What was the Solemn Public Act? (63) 

26. By what body was it enacted? (63) 

27. When was Missouri admitted to the Union? (63) 

Topical Outline of Chapter I. 

1. Application to Become a State. 

2. First Objection. 

3. Second Objection. 

4. Alabama. 



Missouri^ 
Admission 

TO THE 

Union. 



5. Tallmadge Resolution. 



6. Supporters' Argument, 



■> 2, 
3 



7. The Missouri Compromise. 

8. The Constitution. 

9. The Solemn Public Act. 
10. Missouri's Admission. 



Answer One. 

Answer Two. 

Scott's Answer. 

Slavery a Local Insti- 
tution. 

A Moral Wrong. 

Against Universal 
Freedom. 



CHAPTER II. 



FIRST YEARS AS A STATE. 

64. The First Election. — The first election, under 
the new Constitution, was held on the fourth Monday of 
August, 1S30. Political parties did not divide the voters. 
On the contrary, the personal popularity and merits of the 
several candidates determined the result, for the most part. 
Alexander McNair and William Clark, both of St. Louis, 
were the candidates for Governor. The latter had been the 
Territorial Governor for eight years. He was now defeated 
by a majority of 4,020 votes in a total vote of 9,133. Wil- 
liam H. Ashley of St. Louis was elected Lieutenant-Gov- 
ernor. The State Government in all its branches did not 
immediately go into effect. It was far into the year 1831 be- 
fore either the Circuit or Supreme courts were in operation. 

65. First Governor. — Alexander McNair was born 
in Pennsylvania in 1774, and received a fair English educa- 
tion. His parents died 
about the time he be- 
came of age, and he and 
his brother agreed upon 
the division of their 
estate in a novel man- 
ner — that w h o s o e ver 
should be victor in a fair 
encounter should be the 
owner of the homestead. 
Alexander received a 
severe whipping at the 
hands or his brother, to 
which he afterwards ac- 
knowledged he owed 
the honor of beins" 




ALEXANDER McNAIR. 



30 1 



203 HISTORY OF MISSOURI. 

Governor of Missouri. In 1804, he moved to St. Louis, 
and for a number of years w^as United States commissary for 
that station. In the city tax-list of 181 1, he appears as taxed 
for one of the nineteen "carriages for pleasure" then held 
in that city. During the War of 18 12, he w^as colonel of 
Missouri militia in the United States service. He was 
elected Governor in 1820, and held office till 1824, and died 
in St. Louis in 1826. He was a man of great popularity 
and strict integrity. 

66, New Counties and David Barton. — The Gen- 
eral Assembly, which is the name given the Legislative 
branch of the State Government, was composed at its first 
session of fourteen Senators and forty-three Representatives. 
At that session, which met in St. Louis in September, 1820, 
acts were passed creating the counties of Boone, Callaway, 
Chariton, Cole, Gasconade, Lafayette, Perry, Ralls, Ray 
and Saline. Most of these were carved from the territory 
first embraced in Howard county. David Barton and 
Thomas Hart Benton were elected United States Senators. 
They were not allowed to take their seats in the Senate how- 
ever until 182 1, because the State was not yet admitted into 
the Union. Mr. Barton was a native of Tennessee and was 
a soldier in the War of 1812. He had served as judge of the 
Circuit Court a short time about 18 16, but had no brilliant 
career as a jurist. He was a fluent orator and a man of 
resplendent genius. At the time of the admission of Mis- 
souri he was the most popular man in the State. He was 
chairman of the convention that framed the vState Constitu- 
tion and was unanimously elected to the Senate in 182 1 and 
re-elected in 1825. During his last term he became unpop- 
ular in the State because of his espousal of the cause of John 
Quincy Adams for the Presidency against General Jackson, 
who was a great favorite in Missouri. Accordingly, in 1833 



FIRST YEARS AS A STATE. 203 

he was defeated as a candidate for Congress, but afterwards 
served one term in the State Senate. Toward the close of 
his life he became insane and died near Boonville in 1837. 

67. Benton and Lucas. — Col. Benton was elected 
United States Senator with Mr. Barton, but not without 
great opposition. Mr. Benton had been a resident of Ten- 
nessee, had there been a member of the Legislature, and 
attained to the rank of colonel as commander of a Tennessee 
regiment in the War of 18 12. But his brother, Jesse Benton, 
and Amos Carroll had there fought a duel. Andrew 
Jackson had earnestly espoused the cause of Carroll, which 
led Thomas Benton to vigorously denounce Jackson. In 
return Jackson attempted to horsewhip Benton on the streets 
of Nashville, and was shot in the arm by Jesse Benton. 
This made the Bentons very unpopular in Tennessee, and 
in 18 1 3 Mr. Benton came to Missouri. In 1817 he had a 
very noted duel with Charles Lucas, at that time United 
States attorney for the district of Missouri, and a son of the 
first chief justice of the Territory. Lucas was about twenty- 
five years old, and Benton was about forty. Lucas had 
challenged Benton, and when the fight came off was 
wounded in the neck but not killed. He expressed himself 
as satisfied. Then Benton in a violent rage demanded of 
Lucas that they fight till one or the other was killed. This 
they afterwards did and Lucas was killed. In the minds of 
many people this action of Mr. Benton was regarded as mur- 
der, and lost him many friends in the new State. He was 
opposed for the Senate by his adversary's father. Judge 
Lucas, and the balloting ran through several days without a 
choice. Finally Mr. Barton said he preferred Benton for 
his associate. He was accordingly elected, and served for 
thirty years, the longest term ever extended to any Senator 
by any State. 



204 



HISTORY OF MISSOURI. 



68. The First Congressman. — ^Missouri was then 

entitled to only one Congressman. John Scott was elected. 
He had for some time been the Territorial delegate and was 
a man of ability. He was born in Virginia in 1782, gradu- 
ated at Princeton College in 1S05, and soon afterwards 
settled at Ste. Genevieve, Missouri; was a delegate to Con- 
gress from the Territory of Missouri from 18 17 to 1821 and 
then a Representative in Congress till 1837, where he took 
high rank as a man of educated talent and bold integrity. 
When the contest came up in the House of Representatives 
for the election of a President he voted for John Quincy 
Adams, and was supported in his action by Senator Barton, 
but opposed by Mr. Benton, who favored Jackson. As a 
consequence Scott was never again returned to Congress. 
Nor did he ever again enter politics. He devoted himself 
studiously to the practice of the law, and for forty years had 
a practice which extended over a great part of the State. 

69. The Supreme Court. — By the terms of the Con- 
stitution the judges of the Supreme and Circuit courts were 
to be appointed by the Governor, and the appointments con- 
firmed by the Senate. This law remained in force till 185 1, 
when it was changed, and judges thereafter were elected just 
as other officers. The first members of the Supreme Court 
were Mathias McGirk of Montgomery county, John D. 
Cook of Cape Girardeau, and John Rice Jones of Pike 
county. They were all men of great probity and judicial 
learning, and were elected without any regard to- their 
politics. Mr. McGirk remained a member of the court until 
1 84 1. Mr. Cook resigned within a year or two, and Judge 
Jones died in 1834. Both had been members of the Consti- 
tutional convention. Mr. Jones had also been very promi- 
nent in the Territorial days as a member and president of 
the Legislative Council. He was the first English lawyer 



FIRST JEAES AS A STATU. 205 

resident within the country now called Illinois, having settled 
at Vincennesin 17S7. He came to Missouri in 180S, and after- 
wards settled at Potosi, 
where he became the 
partner of Moses Austin, 
the man who gave his 
name to the capital of ^Bi»^v-:-:S^^ 

Texas. Georp^e Tomp- ^Us0^P ■'■^■^'^^ 

kms was appomted m ^^^WJ //JJJJ////m^0'^-'^^^^ 

place of Mr. Tones, and m^MmwM -i^^^^ 

served till 1845, twenty- Sk^'^^^^ftte 

one years, and then 
retired, having become 
sixty-five years old, be- .-^^^»sss^^^bsb\..,> \v"^a^%, 

vond which agfe no per- ^-..c~«2^<<>s><^<:^<=>-=^:>^--^c>^>\ -^s^s^5^==-<ix 

son was then legally -!!!iii^^^^^^^^r \ ^^.\-£ 

capable of being judge. ^~^ 

He had in early manhood jqhn rice jones. 

been a school teacher, and 

about 1 8 10 conducted the only English school in St. Louis, 

but afterwards located in Franklin, Howard county, and was 

appointed to the Supreme Court from that place. 

70. The state Seal. — The Constitution of Missouri 
provided that the Secretary of State should procure a seal of 
the State with suitable emblems and devices, "which should 
not be subject to change." The Legislature of 1S22 directed 
what the devices and emblems should be, and the present 
seal was fashioned and has been in use since. The follow- 
ing is a description of it: On a circular shield equally di- 
vided by a perpendicular line, is a red field on the right side, 
in which is the grizzly bear of Missouri. Above, separated 
by a wave or curved line, is a white or silver crescent in an 
azure field. On the left, on a white field are the arms of the 




2o6 



HISTORY OF MISSOURI. 



United States. A band surrounds the escutcheon, on which 
are the words, "United we stand, divided we fall.'* For the 
crest, over a yellow or golden helmet, full-faced and grated 
with six bars, is a silver star, and above it is a constellation 
of twenty-three smaller stars — Missouri being the twenty- 
fourth State to 
unite with the 
Union, the large 
star represents 
her and the other 
stars the rest of 
the Union. The 
supporters are 
two grizzly 
bears, standing 
on a scroll on 
which is in- 
scribed the motto 
of the State, 
' ' Salus pop u I i 
supr e m a lex 
esto'' — let the welfare of the people be the supreme law. 
Underneath the scroll are the numerals, MDCCCXX, which 
was the year of the adoption of the first Constitution. 
Around the entire circle are the words, "The Great Seal of 
the State of Missouri." This seal is still kept in the office 
of the Secretary of State, and is stamped on all commis- 
sions of officers and on every contract to which the State 
becomes a party. 

71. Rufus Easton. — One of the most noted men in 
Missouri throughout the entire Territorial period and long 
after she became a State, was Rufus Easton of St. Louis. 
He was born in Connecticut in 1774, and came to Missouri 




FIRST YEARS AS A STATE. 



207 



in 1S04, having previously distinguished himself as a lawyer 
in New^ York, and was the same year appointed a Territorial 
judge of the United States Court. Two years later he be- 
came the attorney of the court, and in 1S08 became the first 
postmaster of St. Louis. 
He continued to practice law 
and soon became the lead- 
ing lawyer of the Territory. 
In 1S13 he went to Con- 
gress, and was succeeded 
two years later by Edward 
Hempstead. Upon the or- 
ganization of the State gov- 
ernment he became Attor- 
ney-General and held the 
office till 1836. He died in 
St. Charles in 1834. No 
man in all the early Mis- 
souri history was more thor- 
oughly devoted to, and in- 
fluential in, up-building the 
moral, social, and commer- 
cial life of the people. As a lawyer, he had no peer in the 
Territorial days, and as a man of upright conduct, he did 
more than any other person in exposing the conspiracy of 
Aaron Burr. 




RUFUS EASTON. 



Questions on Chapter II. 

1. When was the first election held? (64) 

2. Who was the first Governor of the State? (64) 

3. What is said of Alexander McNair? (65) 

4. Of what was the first Legislature composed? (66) 

5. What counties were organized at this session? (66) 

6. Who were the first United States Senators from Missouri? 
(66) 



2o8 



HISTORY OF MISSOURI. 



7. What is said of David Barton? (66) 

8. What is said of Thomas Benton? (67) 

9. What caused him great opposition in the State? (67) Whjl 

(67) 

10. Who was the first Congressman? (68) 

11. Give a sketch of his life? (68) 

12. How were the first Supreme and Circuit Court judges chosen" 

(69) 

13. Who were the first Supreme Court judges? (69) 

14. What is said of John Rice Jones? (69) 

15. How long could a judge serve under the first Constitution' 

(69) 

16. Describe the State Seal. (70) 

17. What is said of Rufus Easton? (71) 



Topical Outline of Chapter II. 



First Years as a State. 



First Election. 
Alexander McNair. 
New Counties. 
United States Senators. 
David Barton. 
Thomas Benton. 

7. The First Congressman 

8. The Judges. 

9. John Rice Jones. 
10. The State Seal. 

^ II. Rufus Easton. 



CHAPTER III. 
BATES AND MILLER— 1824-32. 

72. The Second Governor. — The second Governor 
was Frederick Bates of St. Louis. He had been prominent 
in the Territorial days and was a member of the constitu- 
tional convention. His opponent was William H. Ashley, 
who had been Lieutenant-Governor during McNair's admin- 
istration, and who, because of his daring intrepidity in 
advancing the fur trade into the Rocky mountains and in 
fighting the Indians, had invested his character with much 
romance. But Bates was successful. Before Mr. Bates had 
served a year as Governor, the people were called upon to 
mourn his death. Benjamin Reeves of Howard county had 
been elected Lieutenant-Governor along with him, and of 
course the office of Governor would have fallen to him had 
he not resigned before the death of Governor Bates, to be- 
come one of the Government Commissioners in the opening 
up of the noted road from Leavenworth to Santa Fe. Under 
the law, therefore, the office devolved on the President of the 
Senate fro temfore^ who at that time was Abraham J. 
Williams of Columbia, and who at once began to exercise the 
duties of Governor. He proclaimed a special election to be 
held December 8, 1S35, which resulted in the election of 
John Miller of Howard county, who served out the remain- 
der of the term. This was the only time in the history of 
the State that the President of the Senate fro tempore 
became' Governor. He served until January 20, 1826. 

73. Frederick Bates. — Frederick Bates was born in 
Goochland county, Virginia, in 1777. His education was 
begun in a private family school and ended in an academy. 

14 20^ 



2IO 



HISTORY OF MISSOUEI. 



He studied law and at the age of twenty went to Detroit, a 
military post, and became its postmaster. In 1805 he was 

appointed by President 
Jefferson the first judge 
.of the Territory of Mich- 
igan. In 1806 he moved 
to St. Louis, and from 
that time till Missouri 
became a State Mr. 
Bates was continually in 
some capacity a Terri- 
torial officer. He was 
Secretary of the Territory 
under Governors Lewis, 
Howard and Clark, and 
during the interims be- 
tween their administra- 
tions he was acting Gov- 
ernor, and also during 
their protracted absence from the Territory. In 1808 he 
compiled the "Laws of the Territory of Louisiana, "the first 
book printed in St. Louis. In 1824 he was elected Governor 
to succeed McNair, without any solicitation or effort on his 
part. He died August 4, 1835. 

74. Duels. — Dueling had become a threatening evil 
among the prominent men of Missouri, and had greatly 
shocked public sensibility. Many of the duels had been 
fought on an island in the Mississippi river below St. Louis, 
which was long afterward known as ^'Bloody Island." 
During the administration of Governor Bates the Legislature 
undertook to breakup this barbarous practice by making it 
odious. A bill passed both houses making the "whipping 
post" the mode of punishment. But the Governor vetoed 




FKKDKRICK BATES. 



BATES AND MILLER— 1824-32. 211 

the bill because he could not approve of whipping as the pen- 
alty. ■ In his veto message he said: "I am happy to record 
my utter detestation and abhorrence of dueling. My duty to 
my neighbors and myself would compel me, if possible, to 
put down so barbarous and so impious a practice." After 
his veto the bill failed to pass. This is the first recorded 
veto by a Governor of Missouri of which we have any 
knowledge. 

75. The Visit of Lafayette — The year 1825 was 
made memorable by the visit of Marquis de Lafayette, and 
his son George Washington Lafayette, to St. Louis. This 
great man, after an absence of fifty years in his own beloved 
France, had on the invitation of the President of the United 
States made a visit to the country whose independence he 
had done so much to win. While his own land had been 
filled with tumult, war and poverty, he now found the thir- 
teen Colonies developed into a strong young nation of twen- 
ty-six States, happy, prosperous and free. He visited every 
State, and in St. Louis, with its largely French population, 
he was received with great favor. His entrance into the 
city was an ovation — not like the triumph of a military con- 
queror, but like that of a devoted father and patriarch return- 
ing to his own after a long absence in a patriotic trust else- 
where. He came up the Mississippi, landed at the city on 
April 29, 1825, where half of its population had assembled 
to meet him, all familiar with his name, and many of them 
of the same nationality and familiar with his language. 

76. The Capital of the State.— The capital of Mis- 
souri was fixed by the Constitution on the Missouri river, 
within forty miles of the mouth of the Osage. Congress had 
granted the State four sections of land to be used for the seat 
of government. The first session of the General Assembly 
had appointed a commission of five men to locate the capital. 



213 HISTOBY OF MISSOURI, 

After long and weary examinations Jefferson City was 
chosen and the first session of the Legislature met there in 

1836, Prior thereto it had held its sessions in St. Charles. 
The State-house was begun in 1823, at Jefferson City, on the 
site now occupied by the Governor's mansion, and was com- 
pleted by 1826, at a cost of $25,000. It burned down in 

1837, and the present building was in part erected the next 
year from stone taken from quarries at the edge of the bluff 
only a few rods from the Capitol. This building was en- 
larged in 1887, the whole structure having cost not less than 
$600,000. The Legislature of 1895 submitted to the voters 
of the State an amendment to the Constitution which pro- 
vided for the removal of the capital to Sedalia. This pro- 
posal was fought in the Supreme Court as being in conflict 
with vested rights and on many other legal grounds. But 
the Court held that it might properly be submitted to the 
people. This was done at the general election of 1896, and 
the amendment was overwhelmingly defeated. The State 
capital, therefore, remains at Jefferson City, where the Con- 
Scitution of 1875 placed it, as we have seen in section 100 of 
the Civil Government of Missouri. 

77. John Miller. — In 1828 General Miller was re- 
elected Governor, without opposition. The Adams party, 
which was now beginning to be called the Whig party, had 
no candidate. Daniel Dunklin, of Potosi, was elected 
Lieutenant-Governor. Miller's administration was most sat- 
isfactory to the people. He was born in Berkeley county, 
Virginia, November 25, 1781, reared on a farm, and had the 
advantage of a common school education only. He evinced 
his predilection for military life when a boy by always 
''playing soldier," and his ability to lead by always being 
captain of his company. In the early part of the present 
century he located at Steubenville, Ohio, where he edited 



BATES AND MILLEB—18M-t 



213 



and published the "Western Herald" and *'Steubenville 
Gazette." While thus engaged, he was appointed general 
of the State militia of Ohio, and held the rank of colonel in 
the United States army throughout the war of 1813, He 
commanded the Nineteenth United States Infantry and was 
assigned to duty under General William Henry Harrison. 
In May, 18 13, while General Harrison was collecting forces 
at Fort Meigs (pro. Megz) for the purpose of invading Can- 
ada, General Procter of the British army, under the cover of 
night, erected a battery 
of six guns so near the 
fort as to make its dis- 
lodgment necessary by 
General Harrison. In- 
stead of assumnig the 
responsibility of com- 
mand and ordering the 
troops to take the battery. 
General Harrison called 
a council of war, and 
asked each colonel if he 
could or would take the 
battery. When Colonel 
John Miller was called, 
he was indignant at what he regarded as General Harrison's 
unmilitary deportment, and without making excuse, replied 
(using the identical words which afterwards became so 
famous), "I'll try, Sir." He v;^as given a detachment of 
three hundred and fifty men, a part of whom were regulars, 
and the remainder volunteers and Kentucky militia. These 
brave soldiers attacked a body of British regulars and Indians, 
of more than double their number; but the impetuosity of 
their charge was irresistible, and after a severe struggle they 
drove the enemy from the batteries. They spiked the 




JOHN MILLER. 



214 



HISTORY OF MISSOTTBl. 



cannon, took a large number of prisoners, and having fully 
accomplished his object, Miller returned in triumph to the 
fort. The engagement was one of the most bloody and des- 
perate of the whole war, and its brilliant success was due to 
his intrepid gallantry. Ten months later Colonel James 
Miller of the Sixth United States Infantry, under similar cir- 
cumstances made the same reply — "I'll try. Sir" — atLundy's 
Lane, and his heroism was rewarded by an order directing 
the words to be stamped upon the buttons of the soldiers of 
his regiment. But equal glory for equal heroism is due John 
Miller for his heroic daring at Fort Meigs. At the close of 
the war John Miller was retained in the regular army and 
ordered to duty in Missouri. In 1817 he resigned his com- 
mand and held the office of Register of Lands till 1825, 
when he was elected Governor, and served till 1S32, a period 
of nearly seven years, a longer term than has ever been ex- 
tended to any other Governor. He died March 18, 1846. 

78. Congressmen. — In 1828 the Adams or Whig 
candidate for Congress was Edward Bates, a brother of 
Frederick Bates, and the eloquent gentleman who afterwards 
became a member of President Lincoln's Cabinet as Attor- 
ney-General of the United States. The Democrats had two 
candidates, Dr. William Carr Lane and Spencer Pettis, 
both of whom were popular with the people, with about an 
equal number of supporters. The Democratic leaders regret- 
ted this double candidacy, and lest both be defeated it was 
proposed that one should withdraw. The matter was left to 
Mr. Benton, and he promptly decided that Pettis should 
alone be the Democratic candidate. Mr. Pettis was elected 
and reflected credit upon himself and his State. In 1830 he 
was a candidate again against David Barton. The whole 
nation was then much concerned about President Jackson's 
purpose to abolish the United States Bank, the Democrats 



BATES AND MILLER— 18M-32. 



215 



in Missouri enthusiastically supporting Jackson, and the 
Whigs with equal earnestness opposing him. The president 
of the bank was Nicholas 
Biddle, who, from that 
fact, was the leader of 
the party which clamored 
for its re-charter. Mr. 
Pettis in his canvass 
warmly criticised Biddle, 
and thereby gave offense 
to Major Thomas Bid- 
die, an officer in the 
United States army at 
St. Louis, and a brother 
of the president of the 
bank. MajorBiddle scur- 
rilously attacked Pettis 
through a newspaper, to 
which Mr. Pettis replied 

in kind. Thereupon Biddle went to his room at the hotel 
and severely chastised him with a cowhide. Mr. Pettis, 
upon the urgent request of Thomas Benton, continued to 
make his canvass, and was elected by an overvv^helming ma- 
jority, the people feeling that he had been attacked on 
account of his political opinions and therefore gave him a 
very large vote. A short time thereafter he challenged 
Major Biddle for a duel, and both were killed on Bloody 
Island. This duel did much to arouse harsh feelings between 
the political parties of Missouri, but it also in a few years 
did much to create a public sentiment against the barbarous 
practice of dueling and in less than ten years it had almost 
disappeared from the State. But the death of Pettis made 
necessary a special election to fill his place in Congress. It 




EDWARD BATES. 



2 1 6 HISTOB Y OF MISSO UBI. 

resulted in the election of Wm. H. Ashley, who continued 
in Congress till 1S37, and was succeeded by John Miller. 

79. Efforts at Emancipation. — Slavery attracted 

attention even at this early date. An unique incident occur- 
red in regard to it about 1827. It was an effort to set in 
operation plans for its gradual destruction. Accordingly a 
secret meeting was held, attended by twenty of the leading 
politicians of both parties, in about equal numbers from 
each. The United States Senators at that time were Messrs. 
Benton and Barton. The first was a Democrat and the 
other a Whig. Both took part in this meeting and led the 
movement. An agreement was signed by all the members 
present by which they undertook to persuade each party to 
commit itself to gradual emancipation of slavery. Resolu- 
tions in the form of memorials were drawn up to be presented 
to the people throughout the State for signature. A very 
little matter made the whole undertaking impossible before 
the day on which it was to be first presented to the public. 
Arthur Tappan of New York was at that time a very noted, 
enthusiastic but fanatical Abolitionist. The report was 
published generally that Tappan had entertained some negro 
men at his private table, and that these negroes had ridden 
out in his private carriage with his daughters. This "raised 
such a furor" that the movers in this laudable plan * 'dared 
not permit the memorials to see the light." It is difficult to 
appreciate in our day the effect of the conduct of Tappan. 
But it is another illustration of what small things sometimes 
change the history of nations. These twenty men claimed 
they had the power to carry out their project, but after the 
Tappan incident they began to fear the result if they should 
succeed. 

80. General Prosperity.— Governor Miller's admin- 
istration was a time of general prosperity. The great body 



BATES AND MILLER— 1824-3^. 



217 



of the people were quietly toiling and preparing for the ris- 
ing greatness of the State. All kinds of agricultural industry 
were followed with profit. At first most products sold at 
very low prices; wheat at fifty cents per bushel, potatoes at 
fifty cents, flour at one dollar and fifty cents per hundred and 
pork at the same price, cows at from eight to twelve dollars 
and working oxen at from thirty to forty dollars. But these 
low prices were largely due to the difiiculty of reaching the 
world's markets. Toward the close of his term steamboats 
became more frequent on the rivers, and transportation 
cheaper and easier. Then prices became better. The 
"prairie fires" at this time presented a sight never to be seen 
again. The prairies and woods were filled with snakes and 
numerous wild animals. To destroy these and prevent veg- 
etation from decaying, in the nights of spring and fall the 
"prairie fires" were set, and made a beautiful scene, though 
sometimes attended with danger. 

81. The Election of 1832. — At the election in 1832 
there were three candidates for Governor. Daniel Dunklin 
of Washington county was the Democratic, Dr. John Bull of 
Howard Was the anti-Jackson candidate and Samuel C. 
Davis was an independent candidate. Dunklin was elected 
by a majority of about 1,100. The Lieutenant-Governor 
was Lilburn W. Boggs of Jackson county. Dr. Bull and 
William H. Ashley were the same year elected members of 
Congress, under a new apportionment which gave Missouri 
two representatives instead of one. Governor Dunklin was 
inauguratedNovember 22, 1832. 

Questions on Chapter III. 

1. Who was the second Governor of the State? (72) 

2. Who was his opponent? (72) 

3. What profitable trade did he advance? (72) 

4. How long did Bates serve? (72) 



2lS 



BISTORT OF MISSOTJBI. 



5. Who succeeded to his office on his death? Qj2) 

6. Why did not the Lieutenant-Governor do so? (72) 

7. Who was elected Governor in 1825? (72) 

8. Give a sketch of the life of Bates. (73) 

9. What is said of dueling? (74) 

10. What is thought to be the first Governor's veto? (74) 

11. Describe the visit of Lafayette to St. Louis. (75) 

12. What is said of the capital of Missouri? (76) 

13. When was an attempt made to move it? (76) 

14. How? (76) 

15. Who was elected Governor in 1828? (77) 

16. What was the Adams party now called? (77) 

17. What is said of John Miller? (77) 

i8c Describe his connection with the words "I'll try, Sir." (77) 

19. What other office did he hold before he became Governor? 

(77) 

20. Who were the candidates for Congress in 1828? (78) 

21. Who was elected? (78) 

22. What duel grew out of this election? (78) 

23. Who succeeded Pettis in Congress? (78) 

24. What incident toward gradual emancipation of slave* is 
mentioned? (79) 

25. Why did it not succeed? (79) 

26. What is said of Miller's administrationi (80) 

27. Why were prices low? (80) 

28. What is said of prairie fires? (80) 

29. Who were the candidates for Governor in 1832? (81) 

30. Who was elected? (81) 

31. The Lieutenant-Governor? The Congressmen? (81) 



Topical Outline of Chapter III, 



AdMINISTRAI ION OF 

Bates and Miller. 



9- 
10. 



Frederick Bates. 
Special Election. 
Abraham Williams. 
John Miller. 
State Capital. 
Congressmen in 1828. 
Pettis and Biddle. 
Emancipation Efforts. 
General Prosperity, 
Election of 1828. 



CHAPTER IV. 



GOVERNOR DUNKLIN'S ADMINISTRATION— 

1832-36. 

82. Governor Dunklin. — Daniel Dunklin, fourth 
Governor of Missouri, was born in Greenville District, South 
Carolina, in 1790; 
moved to Kentucky in 
1S07, and to Potosi, 
Missouri, in 18 10. He 
was sheriff of Wash- 
ington county while 
Missouri was yet a 
Territory, and was a 
member of the consti- 
tutional convention of 
1820. He became 
Governor, November, 
1832, and espoused 
the cause of public 
schools so ardently 
that he may be justly 
called the Father of 
the Common School 
System of Missouri. 
One month before his term as Governor expired he resigned 
to accept the office of Surveyor-General of Missouri, Illinois 
and Arkansas, which had been tendered him by President 
Jackson. In this capacity he established the boundary line 
between Missouri and Arkansas, and laid out many of the 
counties of these three States. He died in 1S44, and is 
buried near Pevely, Jefferson county, on the serene bluffs 

219 




DANIEL DUNKLIN. 



220 BISTORT OF MlSSOVEl. 

overlooking the Mississippi — one of the most beautiful places 
on the majestic river. 

83. Cholera. — The Asiatic cholera, perhaps the most 
violent epidemic ever known in America, reached St. Louis 
in 1832. It had devastated cities in Europe ; had crossed 
the seas and invaded New^ York, Philadelphia and Baltimore. 
The people of St. Louis had taken warning and made vig- 
orous efforts to prevent its coming by using proper food and 
carefully cleaning the streets. But the deadly malady 
nestled in the wings of the wind and baffled all opposition. 
It first attacked a soldier at Jefferson Barracks, at the out- 
skirts of the city. It then spread rapidly among the people, 
many of whom fled to other climates. It lasted six or seven 
weeks. During a greater part of this time there were from 
twenty to thirty deaths a day. When it finally disappeared 
there had fallen one in every twelve of the city's population. 
It also appeared the same year in Ste. Genevieve, Cape 
Girardeau, and other places, but the next year it prevailed 
with greater fatality in them. In 1849 it came again to St. 
Louis, with more direful results. In the m.idst of the on- 
sternation which seized upon the people a board of physi- 
cians pronounced against a vegetable diet and in favor of 
meat, and the city council passed a law prohibiting the use 
or sale of vegetables. The people, interpreting this to 
mean that meat was a remedy for the disease, engorged 
themselves with it, eating even to gluttony. The price 
arose to enormous sums. But in a month or two the undue 
stimulating effects of the meat diet were seen, and the ordi- 
nance repealed. But still the number of deaths reached 
one hundred and sixty a day, and between April 30 and 
August 6, 4,060 persons died from cholera alone. In 
1850 and 1 85 1 and again in 1867 it prevailed at various 
points along the Mississippi and Missouri, but rarely reached 



D UNKLIN' S ADMINISTBA TION— 1832-36. 2 2 I 

the towns a few miles from the river courses. In all these 
places the dreadful pestilence stalked the land leaving death 
and despair in its wake. The healthiest and stoutest men 
were often the first stricken. Persons of robust bodies 
would be attacked and in three or four hours waste away to 
skin and bones. So infectious was the disease supposed to 
be that burials frequently took place at night by torchlight, 
and often women and even parents assisted in burying their 
own dead. 

84. Lovejoy. — Another noted attempt to emancipate 
slaves was made about this time by Rev. E. P. Lovejoy, 
who, on his return from the theological school at Princeton 
College in 1833, began in St. Louis the publication of a 
paper devoted to the condemnation of slavery and its grad- 
ual extinction. His views, though at this day they would be 
regarded as mild and prudent, were abusive and full of 
denunciation. They were received in the spirit in which 
they were made, and instead of winning the people to his 
cause he drove them from him, and soon they shared his 
spirit of denunciation and became as abusive as he was. 
At the end of a year or two he found a longer residence in 
Missouri unprofitable and unsafe, and announced his pur- 
pose to remove to Alton, Illinois. The people thereupon 
sacked his office, and threw his presses into the street, but 
without personal injury to him. At Alton he followed the 
same course pursued in St. Louis, but with worse results. 
His office was twice sacked and in a third attempt Lovejoy 
was shot. His death aroused great feeling in the North, 
and greatly incensed its people toward the South, especially 
toward slavery, although he had not met his death in a slave 
State or at the hands of slave holders. Being a man of talent 
and noble purposes, had he pursued a milder and more 
persuasive course, he might have averted much of the trouble 



323 HISTORY OF MISSOURI. 

which afterward came to Missouri. But his life was only 
another illustration of how unalterably opposed Missourians 
are to abuse and outside interference with their affairs. 

85. The Platte Purchase forms an unique niche in our 
American history. It was a procedure by which a large 
tract of land was added to an already large State. It was 
brought about by the inhabitants of Clay and adjoining 
counties, led by men then or afterwards prominent in the 
State, and all gentlemen of ability and honor. Among 
them were General Andrew S. Hughes, who was said to be 
scarcely second to the celebrated John Randolph in wit and 
sarcasm and was a lawyer of excellent parts ; William T. 
Wood, afterwards a resident of Lexington and a well known 
judge; A. W. Doniphan, the brave commander of "Doni- 
phan's Expedition" of the Mexican War; and David R. 
Atchison, afterwards United States Senator. With the 
assistance of these gentlemen. Senators Benton and Linn 
pushed through Congress a bill by which all the country 
now embraced in the counties of Atchison, Andrew, 
Buchanan, Holt, Nodaway and Platte became a part of Mis- 
souri. On September 17, 1836, Captain William Clark, 
who had been superintendent of Indian affairs throughout 
Missouri since the time he was the Territorial Governor, 
formed a treaty with the Sac, Fox, and Iowa Indians, by 
which they ceded this territory to the United States. In 
return the Indians wxre given $7,500 and four hundred sec- 
tions of land in northwestern Kansas, and the entire country, 
therefore, has been known as the Platte Purchase. It all lies 
between the Missouri river and a meridian line drawn through 
the mouth of the Kansas river, at Kansas City, and com- 
prises one of the richest bodies of land to be found anywhere. 
In December, 1836, Congress passed a law^ opening the 
country to settlement, and the next year found it teeming 



D UNELIN' S A DMINISTBA TION— 1832-36. 



333 



with people from every State and many came from Canada, 
on account of the Canadian rebellion. In a few years Platte 
county was next to St. Louis in population, and sent three 
members to the Legislature, and Buchanan sent two. This 
ascendency continued till the large emigration to Kansas in 
1856. 

86. The Election for Governor in 1836 took place 

in August, and was preceded by a warm campaign. Lilburn 
W. Boggs was the Democratic candidate, and William H. 
Ashley of St. Louis, the Whig candidate. Boggs was 
elected, and Franklin Cannon of Cape Girardeau was 
chosen Lieutenant-Governor. The vote at this election was 
sixty per cent greater than it had been four years before. In 
November John Miller and Albert G. Harrison of Callaway 
county, were elected Representatives in Congress. 

Questions on Chapter IV. 



I 

2 

3 
4 
5 
6 

7 
8 

9 
10 
II 
12 

13 

14 

15 
16 

17 
iS 



Who was the fourth Governor of Missouri? (82) 

Who was the Father of the Public School system? (82) 

What further is said of Dunklin? (82) 

What is said of the Asiatic cholera? (83) 

When did it first come and what places did it visit? (83) 

When did it next come and what results attended it in St. 

Louis? (83) 

When and where did it come again? (83) 

How did it attack the people? (83) 

What is said of Lovejoy? (84) 

Where Avere his presses first destroyed? (84) 

Where did he then go? (84) 

What happened to him there? (84) 

How was his death received by the North? (84) 

What is said of the Platte Purchase procedure? (85) 

Who were the principal men in the movement? (85) 

What counties did it add to Missouri? (85) 

Who conducted the negotiations with the Indians? (85) 

What were the terms of exchange? (85) 



324 



HISTOEY OF MISSOURI. 



19. What Indian tribes were concerned in the purchase? 

20. What is said of the settlement of the country? (85) 

21. What is said of the election of 1836? (86) 



(85) 



Topical Outline of Chapter IV. 



< 






1. Daniel Dunklin . 

[ I, 1832 and 1833. 

2. Cholera. < 2. 1849. 

1 3. 1850,1851,1867. 

3. Lovejoy. 



4. Platte Purchase. < 



5. Election of 1836. 



Six Counties. 

Added to a State. 

Prominent Men . 

Indians. 

Price. 

Settlement. 

Governor. 

Lieutenant-Governor- 

Size of Vote. 

Congressmen. 



CHAPTER V. 



GOVERNOR BOGGS AND MORMON TROUBLES. 

87. Governor Boggs. — Lilbum W. Boggs, the fifth 
Governor of Missouri, was born at Lexington, Kentucky, in 
1796. He served as a soldier in the War of 18 12, and in 
18 1 6 came to Missouri, 
first settling at St. Louis, 
then at St. Charles, 
Franklin, and in Jackson 
county, being engaged 
most of the time in the 
fur trade with the In- 
dians. In 1826 he was 
elected to the Legislature, 
and served in that body 
during several sessions. 
In 1833 he became Lieu- 
tenant Governor, and on 
the resignation of Gov- 
ernor Dunklin, assumed 

the duties of his office. lilburn w. boggs. 

He was elected Governor in his own right within a month, 
inaugurated November 33, 1836, and served four years. 
He was afterwards a leading member of the State Senate, 
and in 1846 moved to California, where he filled honorable 
public offices, and died in 186 1. 

88. The Seminole War.^The first military glory of 
any consequence won by Missourians was in 1837, during 
the Seminole War. The Seminole and Creek Indians had 
agreed to move from Florida west of the Mississippi, and 
the national Government ordered them to do so. They 




■^S 



23: 



226 HISTOiiY OF MISSOURI. 

refused to go, and when the attempt was made to force 
them, they retreated to their swamps, and from there carried 
on a fierce predatory warfare for a year or two. The Gov- 
ernment was in need of soldiers and the Secretary of War 
called on Missouri for one thousand mounted volunteers. 
This of itself was a compliment to the State, for such a 
request was made of no other State. They were enrolled 
from Boone, Callaway, Howard, Jackson, Ray, Chariton 
and Marion, and were soon on the march to Florida, under 
the gallant Colonel Richard Gentry of Columbia. After a 
toilsome journey they joined the regular army under General 
Zachary Taylor and took part in a bloody battle with the 
Indians near O-kee-cho-bee Lake, where the whole force of 
the Seminoles had been gathered under Tiger Tail, Alliga- 
tor and other warriors. The soldiers had to cross a miry 
swamp to reach the Indians and to stand knee deep in mud 
and water while the battle lasted. Nevertheless these hardy 
volunteers, with Colonel Gentry in the lead, bravely marched 
on and fought on till the Indians were routed. One hundred 
and forty of them, mostly Missourians, were killed, among 
them Colonel Gentry. This battle ended the war. General 
Taylor, in his report of it, did great injustice to the Missouri 
volunteers, and spoke of them so sneeringly as to lead them 
to think they had been slandered by him. The matter came 
up in the Missouri Legislature, where, after a thorough 
investigation, resolutions of the highest praise of Colonel 
Gentry and the volunteers were adopted. The President, 
through the Governor of Missouri, was requested to have 
justice done in the matter, but nothing came of this request. 

89. Mormon Troubles. — The founder of Mormon- 
ism was Joseph Smith, an uneducated, eccentric, erratic 
youth of New York, w^ho regarded himself as the "Revela- 
tor and Prophet" of a new faith, and claimed he was, by 
divine appointment, to establish a kingdom as precursory of 



GOVERNOR BOGGS AND MORMON TROUBLES. 227 

the millennial reign of Christ on earth. He was born in 
Vermont, and removed with his father to Palmyra, New 
York, in 1S15. Here he became within a few years much 
impressed by religious revivals. In 1823 he claimed an 
angel came to him and revealed the place where plates of 
gold, containing inscriptions of the early history of America, 
could be found. These plates the angel of the Lord deliv- 
ered to him the next day at the place mentioned in the 
dream. They were covered with Egyptian characters, 
resembling hieroglyphics, and by the aid of Oliver Cowdery, 
whom John the Baptist came to the earth to ordain, he trans- 
lated them into the ''Book of Mormon," as a special revela- 
tion from Heaven. This book has been the mythical source 
of the Mormon faith, and is accepted by the faithful Mormon 
as a revelation from God, of equal authority with the Bible. 

90. At Independence.— Smith made some converts 
in New York. In 1S31 he moved to Ohio, and the next 
year to Jackson county, Missouri, found the "Zion" of his 
prophecy at Independence and named it the "New Jeru- 
salem." The "Saints" entered much land, owned all 
things in common, though most of the titles were in the 
bishops, established the "Lord's Storehouse" at the New 
Jerusalem and started the Evenhtg Star^ the first news- 
paper published in that part of the State, in which weekly 
appeared "revelations" promising wonderful things to the 
faithful. They called all persons not Mormons, Gentiles, 
and pronounced curses upon them, who tarred and feathered 
two of their bishops and threw their printing press into the 
streets. An encounter took place between the Mormons 
and Gentiles in 1833, near Westport, in which the latter 
were defeated, and two Gentiles and one Mormon were 
killed. Then the Mormons determined to drive out the 
Gentiles from Independence, but the latter were successful 



338 MISTOEY OF MISSOVBI. 

and compelled the Mormons to cross the river into Clay, 
Carroll an'd chiefly Caldwell county. 

91. Far West. — In Caldwell county the Mormons 
began another town and called it "Far West," and Jo. 
Smith promised it would soon become one of the mighty 
cities of the world. Missionaries canvassed the East for 
converts. They poured into the new town rapidly. Settle- 
ments soon extended over four or five counties. In 1S37 
they began work on the temple at Far West. It was to be 
the most magnificent in the world. Five hundred men 
began work on it and in a half day excavated a cellar I30 
by 80 feet and four feet deep. But it was never to be 
completed. Many industrious, prosperous citizens had 
been drawn hither. But their prosperity was to end also. 
Many thieves had also come. They believed it was proper 
for them to steal from the Gentiles. They, therefore, 
wandered through the country and appropriated whatever 
they saw and desired. The majority of the people being 
Mormons, no punishment was inflicted upon the thieves as 
they also claimed to be Mormons. This condition appealed 
to the citizens of other parts of the State for interference. 

92. Outside Interference. — It first began at DeWitt 

on the Missouri river in Carroll county. Here the Mormons 
had established a thriving settlement. It had a good wharf 
for boats and was the best port for Far West trade. Colonel 
G. W. Hinkle was the principal man of the town. A com- 
mittee of citizens, led by Rev. Sarchel Woods, notified him 
that at a large meeting in Carrollton it had been determined 
to drive the Mormons from DeWitt. Hinkle drew his 
sword and defiantly threatened death to all persons who 
would interfere with the Saints. "Put up your sword, 
Colonel," said Mr. Woods. "I am an old pioneer, have 
heard the Indians yell, the w^olves howl and the owls hoot; 



GOVEBNOB BOGGS AND MOBMON TBOUBLES. 



229 



and am not alarmed at such demonstrations." But Hinkle 
did not go, and toward the last days of September, 1838, 
four or five hundred troops, under Congreve Jackson of 
Howard county, had bivouacked near the town. The 
Mormons were reinforced also, and the Gentiles were 
anxious for a fray. But Judge Earickson, of Howard 
county also, interfered in the interest of amicable settlement. 
The Mormons finally agreed to leave, to pay for all the 
cattle stolen, and the Gentiles were to pay first cost on their 
lands. Men, women and children loaded their goods into 
wagons and started a long, sad train for Far West. 

93. Mormons Expelled. — The indignation against 
the Mormons had now become general. The people 
clamored for their expulsion from the State. Governor 
Boggs ordered out the militia to put down the insurgents 
and enforce the laws. General John B. Clark of Howard 
county was put in charge of the raw militia and General 
A. W. Doniphan of the regular militia. A thousand 
Mormons, commanded by Colonel Hinkle, were in arms. 
Clark and Doniphan first met, in the southwest part of 
Caldwell, David Patten, or Captain * 'Fear-Not," who led 
the ^'United Brothers of Gideon," and who was here killed. 
Fifteen miles east of Far West they met 125 Mormons under 
arms, and a skirmish ensued in which eighteen of them were 
killed, some of them after they had surrendered. Clark and 
Doniphan pressed on toward Far West. The Mormon 
leaders agreed upon terms of surrender without a battle. 
They were to deliver up their arms, surrender their promi- 
nent leaders for trial, and all other Mormons should leave 
the State. Much distress followed these terms of surrender 
and the consequent removal. Many of the Mormons were 
poor. Like most early settlers of Missouri they had put 
most of their money in land. This they were required to 
part with for almost nothing. Farms were traded for a 



230 HISTORY OF MISSOVBI. . 

hor^e, or a wagon or a yoke of oxen. Most of their 
number, at that time about 4,000 in Caldwell county, went 
to Nauvoo, Illinois. Far West is now a cornfield with only 
a few gravestones to mark its former site. 

94. Among the Leaders Surrendered were Joseph 
Smith, Parley P. Pratt, Colonel H inkle, Jacob Gibbs, and 
others, about twenty in all. They were indicted for treason, 
arson, murder, robbery, resisting legal process, and other 
crimes. By change of venue their cases were taken to Boone 
county for trial. On the way Joseph Smith escaped by 
bribing the guard. Pratt escaped from jail. Gibbs and the 
others were tried before Judge David Todd and acquitted. 
General Doniphan was their lawyer. Joseph Smith joined 
his followers in Illinois. There, about 1S43, he had another 
"revelation" authorizing polygamy. He, his brother, and 
others were arrested and lodged in jail. Here a mob put 
them to death in June, 1844, but not till the Prophet had 
fought with desperation for his life, killing one man and 
wounding two others. After his death the "Council of 
Twelve Apostles" elected Brigham Young to be his succes- 
sor. The Mormons were soon driven from Illinois to Utah, 
where they are still numerous and powerful. Some of them, 
however, among them Oliver Covvdery and David Whitmer, 
both of whom attested Smith's "Book of Mormon" as "a 
divine revelation and translation," remained in Missouri at 
the time most Mormons went to Nauvoo, withdrew from the 
body of Latter Day Saints, denounced its espousal of polyg- 
amy, and organized the "Church of Christ," which yet has 
an influential following in Ray and other counties, and holds 
to the "Book of Mormon" as a "divine revelation." 

95. The Part Taken by Governor Boggs in driving 

out the Mormons determined their leaders upon his assas- 
sination. He lived at Independence, and to that place in 



GOVERNOR BOGGS AND MORMON TROUBLES. 2cJi 

1841 came Peter Rockwell, a Mormon, who hired himself 
as a common laborer under a different name. After he had 
become acquainted he easily found an opportunity for his 
desperate intention. Late one evening as Boggs was lean- 
ing with his back to an open window, Rockwell shot him in 
the head. The wound was a terrible one ; three of the balls 
lodged in his head and neck; another passed through and 
came out at the m.outh. Nevertheless, he recovered. Rock- 
well was tried and acquitted. 

Questions on Chapter V. 

1. Who M^as the fifth Governor of Missouri? (87) 

2. What is said of him? (87) 

3. Describe the part Missouri took in the Seminole War? (88) 

4. How did Taylor slander the Missourians? (88) 

5. What was done about it? (88) 

6. What is said of Joseph Smith and the origin of the Book of 

Mormon? (89) 

7. When did the Mormons first come to Missouri? (90) 

8. How were they received at Independence? (90) 

9. What is said of Far West? (91) 

10. What now became the conduct of some persons claiming to 

be Mormons? (91) 
iLo Were they punished by the courts? (91) 

12. Describe the troubles at De Witt. (92) 

13. For what purpo se did the Governor order out the militia? 

(93) 

14. Who was in command? (93) 

15. Whom did they first meet? (93) 

16. What of the next skirmish? (93) 

17. What did the Mormons now? (93) 

18. What was done with their leaders? (94) 

19. What was Smith's next revelation? (94) 

20. What became of him? (94) 

21. Who was his successor? (94) 

22. And what became ot the Mormons of Illinois? (94) 

23» What is said of another sect of Mormons that remained in 

Missouri? (94) 
24. Describe the attempt to assassinate Boggs. (95 j 



232 



HISTORY OF MISSOUBl. 



Topical Outline of Chapter V. 



o 

m < 

O ^ 

O H 

O 2 



< 



1. Lilburn W. Boggs. 

2. Seminole War. 

3. Joseph Smith. 

4. Book of Mormon. 

At Independence. 

. A/r r^ u^ ) -" At De Witt. 

5. Mormon Troubles. ^ At Far West. 



In Illinois. 



6. Church of Christ. 

7. Attempt on Life of Boggs. 



CHAPTER YI. 

THE ADMINISTRATION OP REYNOLDS AND 
MARMADUKE. 

96. The Presidential Campaign. — The Presidential 
election of 1840 was attended with deep interest in Mis- 
souri, as in other States. The Whig candidate was William 
Henry Harrison, who had set in operation the powers of the 
United States Government in this territory. He was called 
the "Log Cabin Candidate" and the contest was called the 
"Log Cabin, Coon Skin, and Hard Cider Campaign." 
Great assemblages were held throughout the State, addressed 
by the most powerful orators of the day, among whom were 
many men of great ability. At these "log cabins, real 
coons and hard cider were liberally displayed," and bands 
of music, banners and great processions. Harrison was 
opposed by the Democratic candidate, Martin Van Buren. 

97. The Democrats and Financial Troubles. 

There was some dissatisfaction in Missouri with the Demo- 
cratic party, which had been m power in the Federal Govern- 
ment for many years, because of the widespread financial 
troubles of a few years before. These had grown out of the 



ADMINISTRATION OF EEYNOLDS AND MABMADUKE. 233 

wild speculations in lands and general recklessness in trade 
which had seized upon the nation some years before, and these 
financial panics were the natural results of the stringency and 
reaction following these reckless speculations. But the 
Whig party saw a good opportunity to turn therti to fine 
political advantage and was not slow to do so. A few years 
before the charter of the old United States Bank, which had 
been in existence, with the exception of a few years, for forty 
years, expired. The Whigs strongly favored its re-charter, 
but were defeated by the Democrats under the lead of Presi- 
dent Jackson, who had the national funds deposited in the 
various State banks. In each State there was one central 
bank, with branches at other commercial centers. In Mis- 
souri the principal bank was in St. Louis, with branches at 
Fayette, and later on at other points. This action on the 
part of Jackson preceded only about a year the storm which 
swept over the financial world in 1837, although the death 
blow to the bank had been given in 1S33. The fate of the 
bank had little or nothing to do with the distress, yet they 
came close together and the Whig party made much out of 
the coincidence. But the people of Missouri had, from their 
organization as a State, profited by the lessons learned in 
the financial troubles of i8i8, and had avoided in a great 
measure much of this speculation. They had always be- 
lieved in "hard money," or gold and silver, and hence never 
were afflicted with the "wild-cat" paper currency which 
proved so injurious to the prosperity of some States, except 
as they felt it in their foreign trade. The Democratic party 
being then the special advocates of "hard money," the 
majority of them up to this time had voted with that party. 

98. The State Ticket, and the Result.— The Whigs 

undertook to win them from their old faith, and the cam- 
paign of 1840 was the most energetic of any ever had in the 



234 



HISTORY OF MISSOURI. 



State prior to the Civil War if not up to this thne. They 
supplemented their national ticket in Missouri by adding to it 
one of the most powerful stump speakers ever in the State, 

General John B. Clark of 
Howard county, as candi- 
date for Governor. Their 
principal doctrines were 
opposition to Jackson's pol- 
icy, and the liberal use of 
the State's and Govern- 
ment's money in public im- 
provements w^ithin the State. 
But the Democrats were 
also active. They regarded 
President Jackson as the 
people's friend and the doc- 
trines he and his follov* ers 
so much emphasized as the 
true principles of civil gov- 
ernment. In opposition to 
Clark they nominated Thomas Reynolds, also of Howard 
county, a man of solid worth, and in spite of the active 
efforts of the Whigs the Democrats again carried the State, 
as they had always done since the formation of parties in the 
State, and as they have usually done since. Thomas Rey- 
nolds was elected Governor, and Meredith M. Marmaduke 
of Saline, Lieutenant-Governor. 

99. The Whigs. — The Whigs at this election for the 
first time assumed a distinct organization in Missouri. Before 
that, some Whigs had been very prominent in politics, and 
had been elected to important offices, but they were chosen 
often on account of their personal popularity and worth, 
rather than because of their politics. But for the next twelve 




JOHN B. CLARK. 



ADMINISTRATION OF REYNOLDS AND MABMADUEE. 235 

years the party made bold and aggressive campaigns at 
every election, although it at no time gained control of the 
State. Among its members were many of the ablest and 
best men Missouri has ever had. They were also its 
wealthiest, which fact contributed no little to their defeat at 
the polls. The Whigs were often styled the "aristocrats" 
of Missouri by their political enemies, and this did its share 
in preventing the party from gaining strong hold on the pop- 
ular heart. 

100. Muster Day. — Muster day was a time of much 
interest to the people of Missouri up to about 1840. In 1825 
the Legislature had enacted an elaborate law for organizing 
the militia. By it all men over eighteen years old and 
under forty-five, except a few specially exempt, were enrolled 
as State soldiers. The purpose of the law was to prepare 
the State for Indian wars or any other emergency that might 
arise. The militia were arranged in divisions, brigades, 
regiments, battalions, and companies. A company consisted 
of sixty-four privates, each battalion of five companies, each 
regiment of two battalions, each brigade of four regiments, 
and a division of any number of brigades. Captains com- 
manded companies, majors commanded battalions, colonels 
regiments, brigadier-generals brigades, and major-generals 
divisions. The Adjutant-General, next to the Governor, 
was the chief officer of the militia. Captains, majors, and 
culonels were elected by the vote of privates ; generals, by 
the vote of under officers. On the first Saturday of April 
every year, the citizens of each township, or, if the popula- 
tion was sparse, of each county, came together to be organ- 
ized into companies and drilled for soldiers. This was called 
" Muster Day." Then in May the companies came together 
and were organized into battalions, drilled and paraded for 
several days. In October drills were had by regiments and 



336 HISTORY OF MISSOVBL 

brigades. All of these occasions were looked forward to by 
the people with a great deal of interest and expectation. The 
wealthy made display of gorgeous uniforms and splendid 
steeds, and chivalric heroes were received with demonstra- 
tions of popular favor. On Muster Day nearly all the peo- 
ple from the surrounding country witnessed the organization 
and drill of the soldiers, and as a result it became a time when 
debts were paid, loans made, and much trading done. No 
other day in all the year was so generally observed and none 
did so much to get the people acquainted with each other. 
It also did much towards cultivating a pride in the State and 
her institutions. Offices in the militia, though almost entirely 
without emolument, were as eagerly sought after as any in 
the State. However, there were some persons exempt from 
this service. They were any civil officer, preachers, teach- 
ers, millers, and students in school. Ministers were at no 
time required to perform any kind of military service, nor 
were they permitted to hold any civil office till the new Con- 
stitution was adopted in 1S65. But under the military law 
ministers could be chaplains, and to be chosen as such was 
an honorable distinction. 

101. Imprisonment for Debt. — The one action in 

Governor Reynolds' life for which he will be most remem- 
bered, and in which he most prided himself, was the repeal 
of all laws which permitted imprisonnjent for debt. This 
was done by the Legislature at its session in 1842-43. Up 
to this time when one proved in court that another owed him 
a debt, however small or large, he could have him impris- 
oned till it was paid. The laws in those times were unduly 
hard on the debtor. They allowed him but few things that 
a sheriff could not lay hold of and sell. If he had been un- 
fortunate and lost his property, he could retain not over a 
hundred dollars worth for his family, and besides the avari- 



ADMimSTBATION OF REYNOLDS AXD MABMABTJKE. 237 




cious creditor could come 
with an armed officer and 
take him away to jail, 
and thereby deprive his 
wife and children of the 
benefit of his toil. The 
worst part about such a 
law was that it was the 
cruel and avaricious man, 
the one without mercy or 
a danger of want, who 
oftenest made use of it. 
It also worked the great- 
est hardship on those who 
needed the State's protec- 
tion most. This barba- 
rous law, which was once 
in force in most of the 
early States, Governor Reynolds determined to have repealed. 
He wrote the act himself and by earnest and persistent en- 
deavor pushed it through the Legislature. It was one of the 
shortest laws ever enacted, and simply read, "Imprisonment 
for debt is hereby forever abolished." 

102. Senator Linn. — In 1843 died Dr. Lewis F. 
Linn, one of Missouri's Senators in Congress. He was per- 
haps the most popular man the State ever had. He was born 
in 1795? near Louisville, Kentucky. In early life he began 
the study of medicine and unaided by rich or favorable 
opportunities, became a skillful and successful physician. 
In 1816 he moved to Ste. Genevieve, Missouri, and though 
often tendered public office steadfastly declined. His chiv- 
alric conduct in caring for the sick at the time of the cholera 
scourge in 1833 made him the idol of southeast Missouri. 



THOMAS REYNOLDS. 



238 



SISTOEY OF MISSOURI. 




LEWIS F. LINN. 



During the pestilence Alexander Buckner -and his wife of 
Cape Girardeau had died on the same day. Buckner at the 

time represented Mis- 
souri in the national 
Senate, and had done 
so since the retire- 
ment of David Barton 
in 1S30. Numerous 
petitions were sent 
Governor Dunklin to 
appoint Dr. Linn to 
the vacancy, who him- 
self was just recover- 
ing from an attack of 
the cholera contracted 
while attending to 
others stricken with 
the dreadful disease. The Governor did so, and when 
the Legislature met he was unanimously elected. He was 
re-elected in 1836 and again in 1843, this time receiving one 
hundred and nineteen out of the one hundred and twenty- 
nine votes, and during the whole period carefully looked 
after the interests of his State in that august body. Meet- 
ings were held in almost every county of the State to pay 
proper tribute to his name when he died, and the Legislature 
unanimously voted to erect a suitable monument to his 
memory. The Legislatures of Wisconsin and Iowa voted 
unanimously to wear mourning for him for thirty days, so 
highly did they appreciate his services while in the Senate 
in behalf of their young States. David R. Atchison of 
Platte county succeeded him in the Senate and served 
till 1S55. 

103. Thomas Reynolds. — Governor Reynolds, elected 
in 1840, was a man of excellent ability. He was born in 



ADMINISTRATION OF REYNOLDS AND MARMADUKE. 239 



Kentucky, resided in Illinois for a few years, where he was 
Supreme Judge of the State. In 1S38 he moved to Mis- 
souri, was successively a member of the General Assembly, 
Speaker of the House, Circuit Judge, and Governor. 
While yet holding this last office, on February 9, 1844, for 
the first time in his life, he asked a divine blessing at his 
breakfast table, then went to a room in the Executive 
Mansion, locked the door 
and shot himself. For 
several months he had 
been in poor health. It 
was thought this and 
domestic troubles had 
impaired his sanity. He 
left a note in which he 
said "the abuse and slan- 
ders of his enemies" had 
rendered his life a burden 
to himself and prayed 
God to "forgive them 
and te ich them more 
charity." Lieutenant- 
Governor Marmaduke be- 
came the Governor and 
served till the twentieth of the next November, being a 
man of eminently respectable talents, and making a wise 
and safe ruler. 

104. The Election of 1844.— The election of 1S44 
has some interests beyond ordinary elections. Congress, at 
a previous session, had given instruction for the division of 
the State into Congressional districts. By the census of 
1840, Missouri had, because of the great increase of her 
population, become entitled to five Representatives in 




M. M. MARMADUKE. 



240 



HISTORY OF MISSOURI. 



Congress instead of two as was the case from 1830 to 1840. 
Up to this time the State had never been divided into Con- 
gressional districts, nor was it now. The Legislature would 
not acknowledge the authority of Congress in the matter and 
refused to district the State. This action created some feel- 
ing in political affairs, and the Whigs, professing to believe 
the election of Congressmen on a general ticket in this wise 
would be illegal, refused to nominate candidates, and let the 
election go by default. The Democrats, left free from the 
opposition of a common rival, disagreed among themselves. 
One faction, which wished for stable silver and gold (hard) 
money and also desired the return of Thomas H. Benton to 
the Senate, became known as "Hards," and nominated 
John C. Edwards of Cole county for Governor, and James 
Young of Lafayette for Lieutenant-Governor, and placed on 
the same ticket five candidates for Congress. The "Softs" 
desired a liberal issue of paper money and were opposed to 
the return of Mr. Benton to the Senate, his long dominant 
influence in the State having become irksome to them. They 
did not nominate a candidate for Governor, but supported 
Charles H. Allen, an Independent candidate, who was also 
supported by the Whigs. Edwards was elected by a majority 
of 5,600 votes, and was inaugurated November 20, 1844. 
At this election John S. Phelps and Sterling Price were 
elected to Congress — men destined to become very prominent 
in State affairs for the next thirty years. 

Questions on Chapter VI. 

1. What is said of the presidential election in Missouri in 

1840? (96) 

2. Who were the candidates and what parties did they lead? (96) 

3. From what did the Democrats suffer? (97) 

4. What had caused these troubles? (97) 

5. What is said of Jackson's course toward the banks? (97) 

6. What did the Whigs claim this action caused? (97) 



ADMINISTRATION OF REYNOLDS AND MARMADUKE. 241 

7. What about 'Svild cat" money in Missouri? (97) 

8. What course did the Whigs pursue? (98) 

9. What is said of John B. Clark? (98) 

10. How did the Democrats regard Andrew Jackson? (98J 

11. Whom did they nominate for Governor? (98) 

12. Who were elected? (98) 

13. What is said of the Whigs in section 99? 

14. Describe the militia. (100) 

15. What is said of Muster Day? (100) 

16. And of positions in the militia? (100) 

17. Who were exempt from militia service? (100) 

18. For what great act is Thomas Reynolds remembered? (loi) 

19. What is said of such a law? (loi) 

20. What were the exact words of the repealing statute? (loi) 

21. What is said of Senator Linn? (loi) 

22. What U. S. Senator died of cholera? (102) 

23. How did the Legislatures honor Linn's death? (102) 

24. Do you know any place in this State named for him? (102) 

25. Who became Governor in February, 1844? (103) 

26. What unusual feature attached to the election of 1844? (104) 

27. What cause did John C. Edwards and his followers es- 

pouse? (104) 

28. Why did not the Whigs nominate a candidate? (104) 

29. What two noted men were elected to Congress? (104) 

Topical Outline of Chapter VI. 

1. Log Cabin Candidate. 

2. Financial Troubles. 

3. State Banks. 

4. Hard Money Issues. \' of o 

5. Candidates of 1840. 



The Administra- 



tion of Reynolds ■( 6. The Whigs. 



AND MaRMADUKE. 



7. Muster Day and Militia. 

8. Imprisonment for Debt. 

9. Lewis F. Linn. 

10. Candidates of 1844. [of 1844. 

11. Issues, Parties and Factions at Election 

12. Successful Candidates. 



16 



CHAPTER VII. 



THE ADMINISTRATIONS OP GOVERNORS 
BDW'ARDS AND KING. 

105. Governor Edwards. — John Cummlngs Edwards, 
the eighth Governor of Missouri, was born in Kentucky in 
1806, but was reared in Rutherford county, Tennessee, and 

received a classical edu- 
cation. He was licensed 
to practice law in Ten- 
nessee, and came to Mis- 
souri in 1828. In 1830 
he was appointed Secre- 
tary of State by Governor 
Miller, and held the office 
till 1837, and then was a 
member of the Legisla- 
ture for one term, in the 
meantime giving special 
attention to his farm, of 
which he was very fond. 
In 1840 he was elected 
to Congress, and in 1844 
he became Governor and 
served till the twenty-seventh of December, 1848. The fol- 
lowing May he left Missouri for California, where he died 
in 1888. 

106. Attempts at a New Constitution. — In 1845 

sixty-six delegates were chosen to a convention, provided for 
by the Legislature, to frame a new constitution for the State. 
They were the strongest and best the State afforded, and 
were chosen, in many cases, without any regard for their 
242 




JOHN C. EDWARDS, 



ADMINISTRATIONS OF EDWABDS AND KING. 243 

politics. The instrument was drawn up, and voted on at 
the next election, in 1846. A majority of the votes outside 
of St. Louis were for it, but in that city so great was the 
opposition, that it was defeated by 9,000 votes on the entire 
count. This was largely due to one newspaper, "The New 
Era," edited by William Campbell, one of the brightest 
men in the State, w^ho opposed the new Constitution on the 
ground that it provided that judges of the Supreme and Cir- 
cuit courts should be elected by the people instead of ap- 
pointed by the Governor, as the law then required. He 
brought to bear the whole pov*^er of his powerful writing 
against this change, and succeeded in defeating the new Con- 
stitution. But at the very next session of the Legislature the 
old Constitution w^as amended, the change providing for an 
elective judiciary, and this amendment being ratified at the 
following session it became the law, and thereafter judges 
were elected by the people. 

107. Texas. — The annexation of Texas and the ac- 
quirement of New Mexico are a part of the history of Mis- 
souri. The United States had once a shadowy title to Texas. 
Under President Monroe it was traded to Spain for the 
Floridas. The policy of the nation, it mattered not which 
party was inpowxr, was from that time on to regain it. But 
from the time Spain acquired it there had been a constant 
stream of emigrants thither from Missouri. Hence the peo- 
ple of this State were closely connected with those of Texas 
by ties of blood. "It is probably within bounds to assert 
that between 1823 and 1836 there were few prominent Mis- 
souri families that w^ere not at some time represented in the 
life of Texas." In 1835 Texas won her independence 
from Mexico in a predatory war known as the Texas Re- 
bellion, and was largely assisted by Missourians who could 
not ignore her cry for help, although all the assistance given 



244 



HISTORY OF MISSOURI. 



was by private citizens, who gave their aid on their own 
responsibility and not from any authority or consent of the 
State or Union. But soon after winning" her independence 
Texas desired to become a State. This was at first stoutly 
opposed, but in 1844 her admission to the Union was made 
the principal issue in the Presidential campaign. Missouri's 
interest in the matter was yet strong. She was in favor of 
the admission of Texas, and so cast her vote against Henry 
Clay, the most popular candidate the opposition could bring 
forward, and always a favorite in Missouri. The nation as 
well declared for her admission, and the matter having been 
settled by the popular voice, Texas was admitted into the 
Union in 1845. Mexico had prior thereto warned the United 
States that such admission would cause her to declare war. 
Accordingly on April 24, 1846, the Mexican commander 
on the Texas border notified General Zachary Taylor that 
he considered hostilities to have begun, and a few days after- 
wards Congress declared "war existed by the act of Mex- 
ico." 

108. Doniphan's Expedition. — Many Missourians 
took part in the Mexican War. A few hundred of them 
joined the regular army under Taylor and Scott and shared 
in the honor of capturing the city of Mexico. But so far as 
the United States was concerned this was by no means as 
important as the subjugation and acquirement of New Mex- 
ico, which was done almost entirely by Missouri volunteers. 
In the middle of May, 1846, Governor Edwards called for 
volunteers to join the "Army of the West." Thirteen hun- 
dred and fifty-eight men assembled at Fort Leavenworth 
from the counties of Jackson, Lafayette, Saline, Clay, Frank- 
lin, Cole, Howard, and Callaway. A. W. Doniphan of Clay 
was elected colonel, and because of his prudent wisdom 
and energy in the campaign, it has usually been called 



ADMINISTRATIONS OF EDWARDS AND KING. 



245 




"Doniphan's Expedi- 
tion." They were 
joined at Leavenworth 
by 300 regulars from 
the United States 
Army, with 16 pieces 
of artillery, and the 
whole force was placed 
under the command 
of General Kearney, 
also a citizen of Mis- 
souri. In June they 
set out over the plains 
for Santa Fe, 900 
miles distant, and 
reached it in less than Alexander w. doniphan. 

fifty days, having traveled through an uninhabited country 
and suffered much for water, yet with little loss in men or 
animals. 

109. Capture of Santa Fe. — Upon their approach, 
the Mexican governor abandoned the place as a result of a 
bribe, and so the Americans took possession "without firing 
a gun or shedding a drop of blood." Santa Fe was then 
the center of the overland trade with Missouri and the dis- 
tributing point of all trade of northern Mexico. It was the 
political capital of the country north of the Rio Grande, 
which hitherto had resisted all attempts at conquest by 
Texas. The next day after its capture. General Kearney 
issued a proclamation by which he absolved the people from 
all allegiance to Mexican authority, and by "one stroke of 
the pen transformed them into citizens of the United States." 
This proclamation was not acknowledged by the President, 
but he virtually connived at it, and it was upheld by the 



346 HISTORY OF MISSOURI. 

sword for two years and then ratified by the treaty of 1848, 
which ended the Mexican war. General Kearney, with 
characteristic energy and aggressiveness, caused a constitu- 
tion and code of laws to be prepared by Doniphan and 
Willard P. Hall, both lawyers, which changed New Mexico 
in name and fact from a province of Mexico into a Territory 
of the United States. He appointed Charles Bent Governor 
and Fsancis P. Blair Attorney-General. Both were Mis- 
sourians. He then set out for the Pacific coast to bring 
California under like subjugation, leaving Colonel Doniphan 
in command. The day after his departure Colonel Sterling 
Price arrived at Santa Fe. He had resigned his seat in 
Congress and taken the lead of a large force of men and 
marched to join the ''Army of the West," one company 
having been collected from each of the counties of Boone, 
Benton, Carroll, Chariton, Linn, Livingston, Monroe, 
Randolph, Ste. Genevieve and St. Louis. 

110. Battle of Bracito. — Leaving Price in charge of 
the troops at Santa Fe, and having in a short time put down 
a considerable uprising of the Navajo (pro. Nav-a-ho) 
Indians, who had long been in hostilities with the people of 
New Mexico, Doniphan started to Chihauhau (She-waw- 
waw) 900 miles distant, to join General Wool. A sandy 
desert, without wood or w^ater, had to be crossed. In three 
days this was done and the army had running water. They 
arrived on Christmas day at a little place called Bracito 
(Bra-se-to). Here they halted and began to collect feed 
for their horses and water and fuel. Suddenly a superior 
force of Mexicans darted upon them in full fire. The 
Missourians quickly formed on foot, held their fire till the 
Mexicans came within easy range of their guns and after a 
half hour's fighting drove them from the field, "leaving 
sixty-three dead and one hundred and fifty wounded." 



ADMINISTRATIONS OF EDWARDS AND KING. 



247 



111. Capture of Ohihauhau. — Two days later Doni- 
phan reached El Paso and learned Wool had not taken 
Chihauhau nor moved toward it. After waiting till the 
eighth of February for the arrival of some artillery from 
Santa Fe under Captain Weightman, also a Missourian, he 
set out again. In three weeks he was within fifteen miles 
of Chihauhau, 225 miles from El Paso, with 924 effective 
men and a caravan of 300 traders' wagons which had fol- 
lowed him all the way for protection and trade with the 
Mexicans. Here Doniphan learned "the enemy was strongly 
posted on high ground, fortified by entrenchments and well 
supplied with artillery," consisting of "about 4,000 men, of 
whom some 1,500 were rancheros badly armed with lassos, 
lances and cornknives." Despite their superior numbers 
he determintd to attack them. He advanced with seven 
dismounted companies and three mounted. A charge of 
these with the aid of two twelve-pound cannon decided the 
battle. The Mexicans fled. Three hundred of them were 
killed, three hundred wounded and forty prisoners. The 
Missourians' loss was one killed and eleven wounded. 
Ti'.e Missourians now started for the mouth of the Rio 
Grande, which they reached the ninth of June, 1847, and 
the next day embarked for New Orleans and for home. 

112. A Pleasing Incident. — After leaving Chihauhau 
only one incident need be mentioned. This is a pleasing 
and novel episode. The Mexican people of Parras had 
shown great kindness to the sick of Wool's army. After he 
left they had been plundered and threatened by a marauding 
band of Indians. Although Mexicans they appealed to 
Doniphan for help, who detached Captain Reid and thirty- 
five men for the purpose. They severely punished the 
Indians and recaptured and returned to their parents eighteen 
Mexican boys and girls. This shows how willing these 



248 



HISTORY OF MISSOUBt 



Missouri boys were to do an act of humanity to even an 
enemy in distress. 

113. Results of the Expedition. — This was the end 

of "Doniphan's Expedition." He had traveled 3,000 miles 
from Fort Leavenworth to the mouth of the Rio Grande in 
nine months, with a loss all told of less than fifty men, and had 
prepared the way for the acquirement by the United States 
of New Mexico, a tract nearly twice as large as Missouri. 

114. Price Around Santa Fe. — We must return to 
Santa Fe to note what had been going on there. There was 
a "deadly hostility*' toward the Americans; an intrigue was 
formed, and at an uprising of Mexicans on the nineteenth of 
January, 1847, Governor Bent had been killed while on a visit 
to his family at Taos, seventy miles from Santa Fe. Col- 
onel Price set out at once with 350 men and met the Mexi- 
cans at Canada, New Mexico. After a short skirmish the 
Mexicans were driven from their position. They left behind 
thirty-six dead on the field. Price's loss was two killed and 
seven wounded. Price followed on. He was joined by 
Captain Burgwin with one company, which swelled his 
number to four hundred and eighty. The enemy had taken 
refuge in a pueblo near San Fernando de Taos. This place 
was enclosed with strong walls and pickets. In it were two 
pyramid-shaped buildings seven or eight stories high, and 
built of sun-dried brick. Their walls were thick and pierced 
for rifles. Here the Mexicans successfully defended them- 
selves for two days. Price's cannon could not make a breach 
in the stubborn walls of these buildings. He therefore 
ordered that they be stormed on all sides at once. The sol- 
diers cut their way through the walls with axes, and then 
brought up their six-pound cannon, by which the "holes 
were widened into a practicable breach." The buildings 
were carried without further resistance and the siege was 



ADMINISTBATIONS OF EDWARDS AND KING. 349 

ended, with 150 Mexicans killed out of six or seven hundred, 
and seven of the Missourians killed and forty-five wounded, 
many of whom died. Fifteen of the prisoners were hanged 
for treason. 

115. New Mexico Won. — Thus ended the revolt. 
But it began again in a few months. It had all the tune 
been carried on by small bands of marauders, red and white, 
who robbed passing trading wagons. Soon came the report 
that a large hostile force was approaching from the South. 
Price called for additional troops. He was soon at the head 
of 3,000, nearly all of whom were from Missouri. With 
this number he found no difficulty in maintaining order and 
the position he had won. The people of New Mexico in a 
short time submitted to the situation, and the treaty of 1848 
ending the Mexican War, gave sanction to what had been 
done by Kearney, Doniphan, and Price, and acknowledged 
that New Mexico had for some time been territory of the 
United States. 

116. Austin A. King.— In 1848 Austin A. King, of 
Ray county, was put forward by the Democrats for Governor, 
and James S. Rollins, of Boone, by the Whigs. The Demo- 
crats had steadily gained in numbers during the past four years, 
and although Rollins was one of the most popular and gifted 
men in the State, King was elected by 15,000 majority out 
of a total vote of 83,000. Thomas L. Price, a Benton Dem- 
ocrat of Cole county, was elected Lieutenant Governor. 
With few exceptions the Governors of Missouri have been 
men of ability, learning and integrity, and Austin A. King 
may be regarded as the equal of almost any of them. He 
was moreover an eminently practical man, of fine habits and 
free from those vices which sometimes beset public men. 
He was born in Tennessee in 1801, a son of an old 



250 



HISTORY OF MISSOURI. 




Revolutionary family, 
and received a good 
education for his day. 
He became a learned 
lawyer, and came to 
Missouri, first settling 
in Boone county, and 
served one term in the 
Legislature from there. 
In 1837 he moved to 
Ray county and was 
appointed Circuit 
Judge, and served in 
that capacity till elect- 
ed Governor. When 
the war came on he 
earnestly, and even 
bitterly, denounced the 
secession movement, and was elected by the Union party to 
Congress in 1863 and served two years. He died in 1870. 

117. Fire in St. Louis. — A destructive fire occurred 
in May, 1849, among the boats of St. Louis. The steamer 
White Cloud took fire. Twenty-three other boats were 
soon in flames. The line of conflagration was a mile long. 
The fire spread to the city and whole blocks were burnt. 
All the buildings on Front street, from Locust to Market, 
were swept away. Three million dollars was the value of 
the property destroyed. 

118. The Iowa Line. — In 1849 the Supreme Court of 
the United States settled the long and sore contest between 
Iowa and Missouri as to which should own a strip of land 
twenty miles wide lying between the undisputed territory of 
each. Missouri claimed the northern border should be a 



AUSTIN A. KING. 



ADMINISTRATIONS OF EDWARDS AND KING. 



251 



parallel of latitude which passed through the rapids of the 
river Des Moines, and Iowa claimed it should be a line 
which passed through the rapids of the Mississippi twenty 
miles further south. From 1837 the inhabitants of this strip 
had voted at Missouri elections. But in 1845 a Missouri 
sheriff, acting under the order of a Missouri court, had 
arrested some criminals on this strip, and was himself ar- 
rested and convicted by an Io^va Territorial court on the 
ground that he was exercising authority on Iowa territory. 
The contention at once took a serious face, and was made 
the subject of many fiery speeches in the campaigns for sev- 
eral years. Unfriendly and revengeful feelings began to 
grow between the people of Missouri and Iowa. The matter 
was quietly and peaceably settled, however, by the United 
States Supreme Court, and thus the importance of having 
such a body to settle disputes between the States was shown. 

119. The Settlement. — The Indian border line was 
adopted as the proper dividing line between the two States. 
It ran almost in the middle of the twenty-mile strip. It had 
been established in 1816, by John Sullivan, as the northern 
boundary of Missouri. Sullivan was a United States sur- 
veyor, appointed for the purpose of establishing this line. 
The mistake made in running it was one cause of the trouble, 
and that mistake has never been corrected and still remains 
He began on a meridian one hundred miles north of Kansas 
City, and, instead of running due east, varied to the north, 
and at the river Des Moines had varied four miles in that 
direction. But the United States had by no less than sixteen 
treaties with the Indians recognized the line he ran as the 
border of Missouri. Missouri had so regarded it up to 1837, 
and the court now held that it should forever be the dividing 
line between the two States. It is perpetually marked by 
iron and stone posts four feet six inches long, squaring twelve 
Inches at the bottom and eight at the top, and set deep in the 



252 



BISTOBY OF MISSOURI. 



ground every ten miles along the entire border. On the 
north side of three of these iron posts is the word "Iowa" 
and on the south side the word "Missouri." By this deci- 
sion Missouri lost a strip of land ten miles wide on the east 
and fourteen on the west; and Iowa lost the rest of the 
twenty-mile strip. 

Questions on Chapter VII. 

1. Give a sketch of the life of John C. Edwards? (105) 

2. What is said about attempts to secure a new constitution? 

(106) 

3. What part of it did Campbell object to? (106) 

4. How was this change made afterwards? (106) 

5. How did the United States acquire the Floridas? (107) 

6. What part did Missourians take in settling Texas? (107) 

7. What is said of the Texas Rebellion? ( 107) 

8. And the efforts to make Texas a State? (107) 

9. How did the war begin? (107) 

10. What part did Missourians take in the Mexican War? (108) 

11. Describe Doniphan's Expedition. (108) 

12. Describe the capture of Santa Fe. (109) 

13. How was Kearney's course regarded by the President? (109) 

14. What else did Kearney do? (109) 

15. Who now came on the scene? (109) 

16. What did Doniphan do? (no) 

17. Describe the battle of Bracito. (no) 

18. Describe the capture of Chihauhau. (m) 

19. What pleasing incident is mentioned? (112) 

20. What were some of the results of Doniphan's Expedition? 

(113) 

21. What had been going on at Santa Fe? (114) 

22. Describe the capture of San Fernando de Taos. (114) 

23. How was New Mexico finally won? (115) 

24. What is said of Austin A. King? (116) 

25. What destructive fire is mentioned? (117) 

26. What is said of the contentions over the Iowa line? (118) 

27. How was the issue settled? (118) 

28. What were the terms? (119) 

29. How is the line marked? (119) 

30. What did Missouri gain and lose by this decision? (119) 



BENTON AND THE JACKSON RESOLUTIONS. 



253 



Topical Outline of Chapter VII. 



fa a 
c ^ 



H 73 



John C. Edwards. 

Attempts at a New Constitution, 

Annexation of Texas. 

I. Troops. 

2. 

3- 
4- 
5- 
6. 

7- 
I. 



Doniphan's 
Expedition. 



Price in 
New Mexico. 



Austin A. King. 
Steamboat Fire. 
Settlement of Iowa Line, 



Capture of Santa Fe. 

Code of Laws for New Mexico. 

Battle of Bracito 

Capture of Chihauhau. 

A Pleasing Incident. 

Results. 

Skirmish at Canada. 

2. Capture of San Fernando de Taos. 

3. New Mexico Won. 



CHAPTEE YIII. 



BENTON AND THE JACKSON RESOLUTIONS. 



120. Contentions Over Slavery. — The slavery 

question again stirred the State. It grew out of the acquisi- 
tion, by the nation, of California and New Mexico. All of 
the last and part of the first lay south of parallel thirty-six 
degrees and thirty minutes, agreed upon by Congress as the 
line north of which slavery was not to exist. But African 
slavery had never existed in New Mexico. When it there- 
fore became territory of the United States, the North con- 
tended that slavery must not be introduced there. It was the 
desire of the South that it should. A large portion of the 
people of Missouri held that the proper way to settle the mat- 
ter was for Congress not to interfere at all, but to let the inhab- 
itants of the territory determine for themselves whether they 
wished slavery or not within their bounds. By way of giving 
expression to this view a series of propositions, known as the 



254 



HISTORY OF MISSOURI, 



''Jackson Resolutions" were passed by the Legislature in 
January, 1849. They were so called because Claiborne F. 
Jackson of Howard county, afterward Governor of the State, 
was chairman of the committee which reported them to the 
Senate, though they were written, it is said, by Judge W. B. 
Napton, a member of the Supreme Court from the county 
of Saline. 

121. The Jackson Resolutions, — The Jackson 

Resolutions were passed by a vote of about twenty-four to 
seven in the Senate and sixty to twenty-two in the House, 
the Democrats generally voting for them and the Whigs 
against. The resolutions were six in number. Only the 
salient points of each are here given. The first contended 
that the Constitution gave Congress no power to legislate on 
the subject of slavery; the second, that the territories ought 
to be governed for the benefit of the people of all the States 
and that under the Constitution no laws could exclude the 
citizens of any part of the Union from moving to such terri- 
tories with their property; the third, that the General 
Assembly regarded the conduct of the Northern States as 
releasing the slave-holding States from all further adh erence 
to the Missouri Compromise, but for the sake of harmony 
and the preservation of the Federal Union, they would agree 
to the application of the principles of that compromise to 
these territories; the fourth, that the right to prohibit slavery 
in any territory belongs exclusively to the people thereof ; 
the fifth, that if Congress passed any act in conflict with 
these principles, Missouri will cooperate with "the slave- 
holding States for our mutual protection against the encroach- 
ments of northern fanaticism." The sixth resolution 
instructed Messrs. Benton and Atchison, Missouri's United 
States Senators, to act in conformity with these resolutions. 
Atchison did so, but Benton refused, and appealed to the 



BENTON AND THE JACKSON RESOLUTIONS. 



255 



people for indorsement. He claimed slavery was an "incur- 
able evil" and therefore It ought not to be extended. 

122. The Opposite View. — The claim was admitted 
by many of the men who voted for the resolutions, but they 
yet held that the people of the Territory ought to determine 
for themselves whether slavery should exist in their midst ; 
that it was not a question whether slavery was right or wrong, 
but of non-interference by Congress. They said the people 
of the slave-holding States had a right, under the Constitu- 
tion, which guaranteed freedom of commerce between the 
States, to go inta any of the Territories they had helped to 
acquire, taking their slaves with them if they so desired, 
upon the same footing as that upon which people of the 
North were permitted to move into the same Territory with 
their horses or other personal property. It was by no means 
certain that all the Territories would desire to become slave 
States. Some would not. Mr. Benton had always been 
quietly opposed to slavery, but he could have' accepted this 
view of non-interference vv^ithout surrendering his convictions 
in regard to it. It was afterwards, in 1S57, accepted by the 
Supreme Court of the United States, the final authority on 
all such questions. 

123. Benton's Position. — But Mr. Benton was not 
a man of compromises. He welcomed friction, and gloried 
in the prospect of overcoming his enemies. He was pos- 
sessed with superb courage, physical and moral, and an 
imperious w^ill. He ignored and brushed aside the views of 
the supporters of the Jackson Resolutions. He had no con- 
ciliation to make. He had always been ardently devoted to 
the Union. In this ardor and his own imperious domination, 
he mistook the views and purposes of those of his own party 
who differed from him. He had been a devoted follower of 
Andrew Jackson, and gave great support to that man of iron 



2c;6 



HISTORY OF MISSOURI. 



in his endeavors to humiliate, break down, and punish Mr. 
Calhoun, against whom Jackson had a deep personal griev- 
ance. Benton could see nothing in the Jackson Resolutions 
but a reiteration of Calhoun's nullification doctrines. He 




THOMAS H. BENTON. 



thought they meant disunion and secession. Perhaps he was 
honest in this view. His ardor for the Union and his devo- 
tion to Andrew Jackson and his dislike for Calhoun perhaps 
led him to enlarge their import and grounded him in his 



BENTON AND THE JACKSON EESOLUTIONS. 



257 



belief. Yet the friends of the Resolutions did not so regard 
them. Many of those who strongly supported them were a 
few years later loyal supporters of the Union cause. Benton 
had given the Resolutions a meaning which few or none of 
those voting for them believed was the proper inference. 
He appealed to the people to stand to his interpretation. 
He made a tremendous struggle to-be sustained, and spoke 
with incisive invective against his opponents in every part of 
the State. Strong men of the Democratic party opposed 
him. The Whigs took no part in the contest. 

124. Benton's Downfall. — When the General 
Assembly met Benton was defeated, the opposing Democrats 
voting with the Whigs and thus elected Henry S. Geyer of 
St. Louis to the United States Senate. Mr. Benton had 
been the political leader and autocrat of the State for thirty 
years. But from this time on his power was broken. He 
represented St. Louis one term in Congress, from 1853-55, 
but was then defeated by Luther M. Kennett, a Know Noth- 
ing. In 1856 he was a feeble candidate for Governor on his 
own personal strength as an independent candidate, but was 
defeated. Had he not tried to make the Jackson Resolu- 
tions mean something which the great body of the people 
did not intend them to mean, he might have held his seat in 
the Senate till his death. After his defeat the Democratic 
party committed itself to non-interference by Congress in 
questions of slavery in new Territories, and there was politi- 
cal peace for a few years till the breaking out of fresh 
trouble in Kansas. 

125. Biography of Geyer. — Henry S. Geyer, who 
succeeded Mr. Benton in the Senate, was born in Maryland, 
came to Missouri about 18 15, was a member of the Conven- 
tion in 1830 which framed the Constitution, was a member 

^7 



258 



HISTORY OF MISSOURI. 



of the Legislature for several terms, and Speaker of the 
House for the first five years after the admission of Missouri 
into the Union. No man of the early days did more to sys- 
tematize Missouri's laws. He w^as regarded as the ablest 

lawyer of the State prior 
to the Civil War, and in his 
practice before the United 
States Supreme Court came 
in contact with Daniel 
Webster, Reverdy Johnson, 
and other men of great 
fame and was a match for 
any of them. He made an 
argument and won the deci- 
sion in the famous Dred 
Scott case, which attracted 
attention throughout half 
the enlightened w^orld. But 
as a statesman he w'as a 
great disappomtment. He 
made no brilliant record in 
the Senate, and this became all the more apparent from the 
fact that he was the only avowed Whig ever elected to that 
body from Missouri. He died in 1859 at the age of sixty- 
one. 

126. Internal Improvements. — In the meantime the 

State had, for the first time since its organization, committed 
itself to a liberal policy of internal improvements. As early 
as 1836 charters had been granted to private companies to 
construct better wagon roads. Commercial centers had 
sprung up far from the navigable rivers. Freighting to them 
had been done almost exclusively by ox-wagons. Plank or 
macadam roads were now constructed. This gradually called 
into use wagons and other vehicles drawn by hox'ses. No 




HENRY S. GEYER. 



BENTON AND TEE JACKSON RESOLUTIONS. 



259 



State aid had been given to any of these improvements. But 
in 1849 the General Assembly — the same one which passed 
the Jackson Resolutions — found the State out of debt and her 
revenue largely increasing, and a popular demand for State 
aid to railroads. In February the construction of the Mis- 
souri Pacific railway from St. Louis to the western border of 
the State was authorized. The survey was soon made, and 
construction began in July, 1850, Other railroads were then 
rapidly projected. 

127. The Doors Open.— The doors of the public 
treasury had been opened to the Missouri Pacific. Other 
roads claimed an equal right to favoritism. There was no 
stopping place now. In quick succession aid was given to 
the St. Louis & San Francisco (the *' Frisco"), the Iron 
Mountain, the Wabash, the Hannibal & St. Joseph, and 
other railroads. In eight years these roads received from the 
State its bonds to the amount of twenty-three million dollars, 
which they were allowed to sell for cash, but the interest of 
which the roads agreed to pay. In this most of them failed, 
and hence the State had to pay the interest. Besides this im- 
mense sum of about twenty million dollars, the debt w^as in 
a few years augmented by the great debt caused by the Civil 
War. But for most of the war debt the State was reim- 
bursed by the United States Government. In 1865 the 
entire debt was thirty-six millions. In 1873, the first year 
all the citizens were again allowed to vote, it amounted to 
over twenty-one millions, and in 1897 to about six millions. 

Questions on Chapter VIII, 

1. What troublesome question again arose when California and 

New Mexico had been acquired? (120) 

2. What was the attitude of the North? (120) 

3. What was Missouri's contention? (120) 

4. In what way did they give expression to their views? (120) 

5. Name the salient points of the Jackson Resolutions. (121) 



26o 



HISTOBT OF MISSOURI. 



6. How did Benton and Atchison regard them? (121) 

7. What argument was made for the Resolutions? (122) 

8. What was Benton's attitude? (123) 

9. What is said of the struggle? (123) 
TO. What was the result? (124) 

11. What attitude did the Democratic party now assume? (124) 

12. What is said of Gejer? (125) 

13. What is said of internal improvements? (126) 

14. What now followed? (127) 

15. What is the State debt now? (127) 



Topical Outline of Chapter VIII. 



Benton and the 
Jackson Reso- 
lutions . 



1. Contentions over Slavery. 

2. Jackson Resolutions. 

3. Attitude of their Svipporters. 

4. Benton's Attitude Toward Them 

5. The Struggle in the State. 

6. The Results. 

7. Henry S. Geyer. 

8. Internal Improvements, 
Q. Debts. 



CHAPTER IX. 
FROM 1852 TO 1860. 

128. The Election.— At the election of 1852 Sterling 
Price, of Chariton county, was put forward by the Demo- 
cratic party for Governor. The Whigs nominated James 
Winston, of Benton county, who was a grandson of the great 
Patrick Henry, and a man of many marked characteristics. 
He was a natural orator and distinguished for his brilliant 
conversations, but was awkward and clumsy. He w-as a 
great w^alker and made his canvass of the State on foot. He 
was the best natured of men, and did not give himself a mo- 
ment's concern when the returns announced that Price had 
been elected by a majority of nearly fourteen thousand votes. 
Wilson Brown, of Cape Girardeau, was elected Lieutenant- 
Governor. The new Governor v^^as inaugurated the first 
Tuesday in January, 1S53, and the Legislature for many 
weeks was stirred by animated discussions of the famous 
Jackson Resolutions which had been passed by the previous 
session of the General Assembly. 

129. Sterling Price. — Sterling Price was born in Vir- 
ginia in 1809, educated at Hampden-Sidney college, and 
came to Missouri with his father in 183 1, first settling at 
Fayette, and two years later at Keytesville, in Chariton 
county, where he engaged in merchandising and keeping 
hotel for two years, and then settled on a large farm eight 
miles south of that town and engaged in agricultural pursuits 
till 1 86 1. In 1840 he v/as elected to the Legislature and was 
chosen Speaker, and in 1843 was re-elected to both positions. 

(361) 



263 



HISTORY OF MISSOURI. 




GENERAL STERLING PRICE. 



In 1844 he was elected to Congress. When the Mexican 
War broke out he resigned and was commissioned by Presi- 
dent Polk to raise and command a regiment, and before the 
war closed rose to the rank of Brigadier-General. In 1852 
he was elected Governor as an anti-Benton Democrat, and 



FROM 1852 TO 1860. 



263 



made the State a faithful, safe, and wise chief magistrate. 
During his term he urged the Legislature to pass a law 
increasing the salary of the Governor, for the benefit of his 
successor. The Legislature provided for the increase to 
begin at once. Governor Price refused to accept the addi- 
tional salary, and it was never afterwards claimed by him. 
In i860 he supported Stephen A. Douglas for the Presi- 
dency, and was elected to the convention which declared 
Missouri would not secede and was made its chairman. 
After the capture of Camp Jackson by the Union troops, he 
accepted from Governor Jackson the appointment of Major- 
General of the State troops, and in May, 1863, joined the 
Confederacy and fought for it till it was vanquished. The 
brilliant qualities which he exhibited in so many ways during 
that war so endeared him to the people of the South, that 
with the exception of Lee and Jackson, no. nian among all 
their cherished heroes is remembered with more ardent and 
sincere affection. After the war he returned to St. Louis 
and engaged in the business of a commission merchant, and 
died there in 1867. 

130. Railroad Disaster. — The Gasconade railroad 
disaster occurred on November i, 1855. The Missouri Pa- 
cific Railroad, the first built within the State, had been com- 
pleted from St. Louis to Jefferson City, and it was p' oposed 
to celebrate the occasion by a noted excursion to the St^te 
capital. The train consisted of nine crowded cars, and some 
of the most prominent men in the State were on board. The 
bridge across the Gasconade river had been completed with 
the exception of one span. In place of this, strong tempo- 
rary scaffolding hid been erected, and the inspectors pro- 
nounced it strong enough to carry the train across in safety. 
That was a sad mistake. In the midst of a great storm, 
while Ihe thunders pealed and the lightnings flashed, it gave 
way under the weight of the engine, several cars went down. 



264 



HISTORY OF MISSOVRI. 




forty-three persons were killed outright, and a much larger 
number badly wounded. 

131. The Election of Polk. — At the election in 1856 
the Democratic candidate for Governor was Trusten Polk of 
St. Louis. Robert C. Ewing was the American candidate 
and Thomas H. Benton was an independent candidate', 

~ Polk was elected. He re- 

ceived 47,000 votes, Ewing 
40,500, and Benton 27,600. 
The election of United 
States Senator enlisted more 
than ordinary interest. Two 
years before the Legislature 
had balloted for days, trying 
to elect a successor to David 
R. Atchison. It had failed 
to do so and for two years 
Missouri had only one Sena- 
tor, Henry S. Geyer. But 
in 1857 James S. Green was 
elected to serve till 1861, 
and Trusten Polk to serve 
till 1863. Polk within a 
few months resigned as 
Governor, and Hancock Jackson, the Lieutenant-Governor, 
served till the special election in August, when Robert M. 
Stewart was chosen over James S. Rollins. 

132. Trusten Polk.— Trusten Polk was born in Dela- 
ware in 181 1, graduated at Yale College in 183 1, and came 
to Missouri in 1S35, settling in St. Louis, where he took the 
highest rank as a lawyer and citizen. No man in the State 
was more popular with the younger members of the bar, none 




DAVID R. ATCHISON. 



FROM 1852 TO 1860. 



26: 



more respected by the 
people. He was a man 
of the cleanest habits, of 
great candor and sincer- 
ity. In I S43 he was city 
Counselor of St. Louis 
and in 1856 was elected 
Governor, and wdthin a 
few months to the United 
States Senate. He made 
a useful Senator, being 
very attentive to the in- 
terests of his constituents. 
Early in the war he was 
expelled from the Senate 
by the Republican mem- 
bers on a charge of dis- 
loyalty. He died in St. 

Louis in 1876. His public services after the war were 
to his church and to upbuilding the educational intere 
the State. 




TRUSTEN POLK. 



given 

sts of 



133. James S. Green. — James S. Green was born in 
Virginia in 18 17, and was educated at the common-field 
schools of that State. He came to Missouri in 1837, settled 
in Lewis county, and a few years later was admitted to the 
barl He was a member of the constitutional convention of 
1845, and at once measured arms with the ablest members in 
forensic debate. In 1846 and 1848 he was elected to Con- 
gress, and again in 1856, but before he took his seat was 
chosen United States Senator by the Legislature. He was 
a strong believer in State rights, and his arraignment of 
Benton before the people of Missouri in 1849, when but 
thirty-two years of age, was one of the most aggressive 



366 



HISTORY OF MISSOURI. 




and most successful 
warfares in political 
annals. He was a very 
strong debater. In 
the Senate he had 
peers but no master. 
He was the one man 
of all the members of 
that body that Stephen 
A. Douglas most dis- 
liked to m e e t. He 
was expelled from the 
Senate early in 1861 
for secession utter- 
ances. This ended 
JAMES s. GREEN. his public Career. 

134. James S. Rollins.— James S. Rollins was born 
in 1812. His ancestry was of Irish and Virginia stock. His 
father was a man of wealth, and he received a thorough 
classical education. To him is largely due the educational 
system of Missouri. He is properly called the Father of the 
State University, and his efforts aided the public school sys- 
tem and secured the normal schools, the agricultural college, 
the school of mines, and two of the lunatic asylums. He 
did much also toward building up the great railroad systems 
in the State. He came to Missouri in 1830 and spent a year 
on his father's farm, who had settled near Columbia, which 
place was Mr. Rollins' home till his death. He became a 
lawyer and practiced with distinction. He became a mem- 
ber of the Legislature at the age of twenty-six as a Whig. 
He was again elected in 1840, 1846, 1854, 1866, and 1868, 
at least half of the time as a member of the Senate. The 
first bill he ever wrote was one providing for the establish- 
ment of the University, and the first speech he made in the 



FROM 1852 TO 1860. 



267 



Capitol was in support of this bill. It became a law in 1838. 
In 1848 he was the Whig nominee for Governor against 
Austin King, and made a splendid canvass of the State in 
which he pleaded for general public education and internal 




JAMES S. ROLLINS. 



improvements, and was defeated by 15,000 majority for 
King. He was again the Whig candidate for Governor in 
1857, against Robert M. Stewart, when there w^ere no other 
officers to be elected, this election being to fill a vacancy 



368 HIS TOR T OF MISSO UBI. 

caused by the resignation of Governor Polk, who had been 
elected United States Senator. Stewart was elected by 231 
majority. When the threatenings of dire war came on he 
was for the Union, but did not declare himself as uncondi- 
tionally so until after the clouds of war had burst. He was 
elected to Congress in i860 against John B. Henderson 
(Democrat), by about 275 majority and again elected in 
1862 by a majority of over 5,000. In that body he boldly 
espoused the Union cause, and although a large slave-holder, 
ably supported and voted for the Thirteenth Amendment to 
the Constitution abolishing slavery. In 1862 he introduced 
the bill providing for the Pacific rai'road from the Missouri 
river to the Pacific coast. It became a law. In 1872 Mr. 
Rollins was before the Democratic convention as a candidate 
for Governor, but was finally defeated by Silas Woodson. 
He died in 1889, full of honors and years. He was one of 
the ablest and most polished speakers in the State, and his 
speeches always abounded with the steadf astest patriotism. 

135. Robert Stewart. — Robert Morris Stewart came 
from New York, where he was born in 1815, and received a 
good education. He taught school when he was seventeen 
and until he was twenty, moved to Kentucky, studied law, 
was admitted to the bar at Louisville, came to Missouri in 
1839, in a few years settled in St. Joseph and practiced law. 
In 1845 ^^^ w^^ elected to the State Constitutional convention 
and soon gained a well-deserved reputation as a debater. 
From 1846 to 1857 he was a member of the State Senate. 
In 1857 when Governor Polk resigned, he was elected as a 
Democrat and made an excellent officer. When the ques- 
tion of secession was submitted to the people, he was elected 
a delegate to the convention which was to finally decide 
the matter, as a Conditional Union man, but soon ardently 
and unconditionally supported the Union, but not as an 



FROM 1852 TO 1860. 



269 




Abolitionist, for he was 
always opposed to abo- 
lition, but as an oppo- 
nent to secession and a 
steadfast adherent to the 
Government his fathers 
had established. In 1S4S 
he projected and sur- 
veyed at his own ex- 
pense the Hannibal and 
St. Joseph railroad, and 
obtained from Congress 
a grant of land which 
insured the building of 
the road. After his re- 
tirement as Governor, he 
was editor of the St. 
Joseph yoiwnal till his 

health failed him. He was much afflicted, but of indom- 
itable energy, and much of the surveys of this railroad was 
superintended by him w^hile hobbling about on crutches. 
His decided stand against secession, w^hen so much seemed 
to depend on the action of Missouri, helped to save the State 
to the Union, and made his action one of national considera- 
tion. He was never married, was a man of free-and-easy 
habits, and died in 1S71. 

136. Kansas Troubles. — Sectional contention would 
not cease. In 1S54 it arose afresh when a bill passed Con- 
gress organizing Kansas into a Territory. The Missouri 
Compromise had been repealed by that bill. The Compro- 
mise was the first effort made by Congress to interfere with 
the local institutions or affairs of a State. It can not be 
wondered at then that all of Missouri's representatives in 



ROBERT M. STEWART. 



370 



HISTOBY OF MISSOURI. 



Congress were in favor of its repeal. But other States saw 
the injustice of such distinctions. The bill for the repeal 
passed overwhelmingly, and declared in favor of letting the 
inhabitants of any new Territory determine for themselves 
whether they wished slavery therein. By this privilege the 
people of Kansas could decide for themselves in favor of 
slavery or against it. This was the same doctrine as the 
fourth of the Jackson Resolutions. (See section 13 1.) 

137. A Contest Between North and South. — 

Both North and South wished to be triumphant in Kansas. 
The struggle is important as a part of the history of each, 
and especially of Missouri, because it was the last peaceful 
contest for political supremacy by each before final appeal to 
arms, and on the part of the South Missouri was the chief 
representative, while Massachusetts was the most enthusiastic 
actor among the northern States. Long before the Kansas 
bill became a law it was generally supposed that Congress 
would pass it. To therefore gain a majority of the people 
of Kansas to declare against slavery, Emigration Aid Com- 
panies and "Kansas Societies, Leagues, and Committees" 
were organized in Massachusetts and throughout the North, 
which sent out men to Kansas to be ready to vote. These 
companies practically sent out men only. As many as 223 
men to five women were in one company. A United States 
marshal who searched this company found no agricultural 
implements but many guns, revolvers and ammunition. All 
the companies were not as this one, but there were few 
actual settlers. By such a course it became evident that 
Kansas would become a free State. Nearly three thousand 
immigrants, mostly from Missouri, in search of new lands 
and wide range for their stock, had settled within this new 
Territory. They cared but little for slavery themselves. 
But when they saw the purposes and results of the Emigrant 



FROM 1852 TO 1860. 



271 



Aid Companies they were constrained to do what they could 
to defeat those purposes. 

138. Blue Lodges. — Counter Aid Societies were 
formed in Missouri. They were known as Bkie Lodges. 
Their objects were the same as those of the Emigrant Aid 
Companies. Neither were right. But the Missourians 
thought themselves far less to blame for aiding in the forma- 
tion of a new State adjoining their border and so far inhab- 
ited, in the main, by their owm kinsmen than were people of 
a State a thousand miles away. Besides, the Blue Lodges 
were formed as a result of, and as a counter-balance to, the 
Emigrant Aid Companies. Just how many pretended set- 
tlers were sent out by either of these societies will never be 
known. Much illegal voting was done on both sides in the 
ensuing years, and a terrible guerrilla warfare was the result. 
The political rights of these "settlers" came to be known as 
"squatter sovereignty." i\t the election in November, 
1854, a pro-slavery delegate was elected to Congress. The 
opposition charged that the Missourians had elected him by 
fraud. But they did not contest the legality of his election 
and he was allowed to take his seat. 

139. Fraudulent Voting. — An election of the mem- 
bers of the Territorial Legislature which Congress had pro- 
vided for was held in March, 1855. The pro-slavery party, 
or the "Missourians," as it w^as called, was successful. In 
February previous a census showed an entire population of 
8,601, and 2,905 voters, of whom a large majority were from 
slave States. There were 6,307 votes cast. The eastern 
immigrants charged that 5,000 Missourians had crossed over 
into Kansas Territory and voted. The pro-slavery men 
charged that a company of northern immigrants had arrived 
at Lawrence on the day of the election and voted notw^ith- 
standing such a short stay. Undoubtedly there was much 



373 HISTOBJ OF MISSOUEI. 

illegal voting on both sides and the evidence seems to 
be strong, though not conclusive, that the Missourians were 
the chief sinners. The election of six pro-slavery members 
was contested, and the contest sustained, the Governor giv- 
ing the certificates of election to the opposing anti-slavery 
candidates. He also took it upon himself, when there were 
no contests, to refuse certificates to two other members who 
had been elected by illegal votes. But after these attempts 
at righting the matter the anti-slavery men were still dissat- 
isfied, and persisted in their course. 

140. General Lawlessness. — They refused to ac- 
knowledge the authority of this Territorial Legislature, or 
to be obedient to laws it passed. They disregarded its laws 
whenever they chose and resisted arrest whenever they were 
brought to account for so doing. Then began the active 
trouble. The grand jury made some indictments, and the 
sheriff attempted to arrest the offenders. They resisted, and 
the anti-slavery leaders, by speeches, through their papers 
and in many ways, urged them to do so. The sheriff 
ordered by-standers to assist him in making the arrests. 
The offenders would then be joined by anti-slavery sym- 
pathizers. These contending factions soon learned to rob 
each other, burn each others houses and destroy other prop- 
erty. From these differences in Kansas sprang many kinds 
of lawless and political crimes, and finally a civil war 
between the rival factions which did not end till the final 
establishment of the anti-slavery party in 1859. 

141. John Brown. — During these disturbances John 
Brown inaugurated a system of murder for opinion's sake 
and in the dead of night put to death five peaceable settlers 
whom he had never before seen, whose only crime was that 
they differed with him in regard to slavery. For this crime 
he went unpunished. Such a course soon brought into 



FROM 1852 TO 1860, 27'2 

activity a set of robbers and marauders who were described 
as "Jayhawkers." The counties in Missouri adjoining 
Kansas now began to suffer. Their inhabitants had much 
more property to lose than those of Kansas because they 
were older settlers. These marauders were not slow to 
learn this fact. They cared as little for Missouri law as 
for Kansas authority. They came into these counties and 
took whatever they could. One of these raids was headed 
by John Brown, and was made in December 1858. He 
took away eleven slaves. A slave owner was also killed 
whose only offense seems to have been an objection to the 
way in which he was dispossessed of his property. This 
raid was made soon after the Governors of the two States 
had attempted to bring about reconciliation. There were 
other raids also, in which "peaceable and law-abiding 
citizens" were subjected to outrages, insults and lawless 
violence. The General Assembly of Missouri appropriated 
thirty thousand dollars to be used by Governor Stewart as 
he thought best. Three thousand dollars were offered as a 
reward for John Brown. He nevertheless succeeded in 
conducting the negroes into Canada and then sold his stolen 
horses in Ohio. All his raids in Missouri were marked by 
blood. Yet he was received in many parts of the North, 
not as a monomaniac or a fugitive from law, but as a popu- 
lar hero. The General Assembly of Missouri at the time it 
appropriated the thirty thousand dollars for the suppression 
of these raids declared it did "not doubt that at least ninety- 
nine out of every hundred of the citizens of Kansas deplore 
the events under consideration." The efforts put forth by the 
Legislature, the Governors of Missouri and Kansas, and the 
officers of the United States Army, partially quieted the 
troubles, and the guerrilla warfare ceased for two years. 

142. Montgomery's Raid. — But in iS6o it began 
again. This time the Jayhawkers were led by the desperate 
r8 



274 



HISTORY OF MISSOURI. 



James Montgomery. They broke up a United States Court 
and compelled the judge and its officers to flee for their lives. 
They also killed a citizen of Missouri named Samuel Hindes. 
Their charge against him was that he was in search of runa- 
way slaves. Congress had some time before this passed the 
Fugitive Slave Law, by which any slave owner was permitted 
to pursue a fugitive slave into a free State, recover him and 
return to his home. It was while Hindes was in search of a 
fugitive slave in Kansas that Montgomery established himself 
at Fort Scott, a town just over the Missouri border, whence 
he declared he intended to "clean out southern Missouri of 
its slaves." 

143. Excitement. — The people of Missouri became 
very much excited at these threats. Exaggerated reports were 
brought to Governor Stewart that Montgomery had begun to 
lay waste the country and that "citizens of Missouri on the 
Osage and in Bates and Vernon, are flying from their homes 
into the interior." Brigadier-General D. M. Frost was 
ordered to proceed to the border with enough men to end 
the difficulty. He reached it in November i860, with six 
hundred and fifty troops, but found General Harney of the 
United States Army had preceded him. Montgomery, at 
the advance of these forces, disbanded his Jayhawkers and 
fled. Frost in his report to Governor Stewart said Hindes' 
"only crime was that he had been faithful to the laws and 
institutions of his State." He also says the "deserted and 
charred remains of once happy homes" were general. 

144. Jayhawking now ceased as such, but it did not 
actually cease. It did not cease during the first two or three 
years of the Civil War, nor indeed so long as there was left 
anything along the Missouri border for the "Jayhawkers" to 
steal or anybody to rob. But they now came with United 
States commissions in their pockets under "which guise they 



FROM 1852 TO 1860. 



275 



carried on a system of robbery and murder which left a good 
portion of the frontier of southwest Missouri an entire 
waste.'* 

145. General Progress. — The progress in wealth 

and population from 1850 to i860 was enormous, notwith- 
standing the predatory disturbances on the Kansas border. 
The population had increased from 682,000 to 1,1 83', 000, a 
net increase of a half million, and an increase in percentage 
of seventy-three for the ten years. Of this number 115,000 
were slaves. Their increase had been 27,000, or thirty per 
cent. Of all the population 160,000, or one seventh were 
foreign born in i860. Of these 88,000 were German, and 
43,000 were Irish. The revolutions in Germany in 184.9 
had caused many of its inhabitants to seek safety in Missouri. 
This explains the large immigration of Germans during this 
decade. The failure of the potato crop in Ireland in 
1846-47 will also explain the large immigration from that 
country. These new immigrants turned their attention 
mostly to farming, especially the Germans, and became 
useful and prosperous citizens. Missouri had risen in these 
ten years from the rank of thirteenth to eighth in the number 
of her population and was now the first of the Southern 
States. 

146. Missouri's Financial Prosperity was not 

behind the increase in population. The assessed value of 
her property had risen from one hundred and thirty-seven 
million dollars in 1850 to five hundred and one million in 
i860, an increase of two hundred and sixty-five per cent. 
The property consisted mostly in farms and agricultural 
wealth. The manufactured products were estimated at 
forty million dollars in i860 and the capital invested in 
factories was twenty millions. But much wealth was made 
known during this decade. By a system of surveys it 



376 HISTORY OF MISSOURI. 

became known that one fifth of the State is underlaid with 
workable beds of coal; that there are "more than a thousand 
valuable veins of lead and half as many of iron, besides 
many of zinc, copper, hydraulic lime-stone and other 
minerals. The new immigrants had also shown that much 
of the country south of the Osage river, heretofore regarded 
as worthless, was very valuable for grapes and other fruits." 

Questions on Chapter IX. 

1. Who was elected Governor in 1852? (128) 

2. To what party did he belong? (128) 

3. Who was the Whig candidate? (128) 

4. From what great orator was he descended? (128) 

5. What is said of him? (128) 

6. Give a sketch of the life of Sterling Price. (129) 

7. Describe the Gasconade railroad disaster . (130) 

8. Who were the candidates for Governor in 1856? (131) 

9. Who was elected? (131) 

10. Whv was a special election necessary? (131) 

11. Who was elected? (131) 

12. Who was acting Governor in the interim? (131) 

13. Give a sketch of the life of Trusten Polk. (132) 

14. What is said of James S. Green? (133) 

15. What is said of James S. Rollins? (134) 

16. Give a sketch of the life of Robert M. Stewart. (135) 

17. What was the occasion of new sectional troubles? (136) 

18. What was necessary before Kansas could decide to have 

slavery? (136) 

19. Why? (136) 

20. Between what was the contest in Kansas? (137) 

21. Describe the Emigration Societies. (137) 

22. What counter aid societies were formed in Missouri? (138) 

23. What have you to say of these organizations? (138) 

24. What was the result in Kansas? (138) 

25. What about the election in 1855? (139) 

26. Who seem to have been the chief sinners in the election of 

1855? (139) 

27. Give some incidents of the general lawlessness that followed 

these fraudulent votings. (140) 



FBOM 1852 TO 1860. 



277 



28. What is said of John Brown? (141) 

29. What other raids were there? (141) 

30. What action did Missouri take to stop them? (141) 

31. What did the Missouri Legislature say about the troubles? 

(141) 

32. What was the result at pacification? (141) 

33. What is said of Montgomery's raid? (142) 

34. What reports reached the Governor? (143) 

35. What did Frost report that he found? (143) 

36. What is said of Missouri's progress from 1850 to i860? 

(145) 

37. How about her financial progress? (146) 



Topical Outline of Chapter IX. 

Elections of 1852. 
Sterling Price. 
Gasconade Disaster. 
Election of 1856. 
Trusten Polk. 
James S. Green. 
James S. Rollins. 
Robert M. Stewart. 





I. 




2. 




3- 




4- 


6 




VO 


5- 


00 

M 


6. 




7- 
8. 


00 1 






t-i 




% 











9- 



Kansas Troubles. 



I 2. 
3- 
4. 
5- 
6. 



10. General Prosperity. 



Repeal of Missouri Compromise. 

Emigration Societies. 

Blue Lodges. 

Territorial Elections of 1855. 

General Lawlessness. 

John Brown. 

Jay hawkers and Raids. 

Temporary Peace. 



CHAPTER X. 

THE ELECTION OP 1860. 

147. The New Republican Party. — From the time 
John Quincy Adams became President in 1835 up to the 
election of 1853 there had been two leading political parties, 
the Democratic and the Whig. While the Whig party had 
among its members many of the ablest men of the nation 
yet it had never been successful at the polls, except in the 
election of Harrison in 1840 and of Taylor in 1848. But in 
most of the free States many Whigs and Democrats had for 
some years been forming anti-slavery societies and the cause 
of the restriction of slavery w^as stirring the people. The 
troubles in Kansas and the debates in Congress on the 
subject had given new force to this cause, so that after the 
election in 1S53, at which the Democrats elected Franklin 
Pierce to be President, the Whig party went out of existence 
and anew paity wholly devoted to opposing the extension 
of slavery was formed. It in time took the name of 
Republican. In 1856 its candidate for the Presidency was 
John C. Fremont, a son-in-law of Thomas H. Benton. He 
received 114 of the 296 electoral votes, and hence the new 
party had great hopes of success in i860. 

148. The Situation. — Public feeling was now at 
unrest and deeply disturbed. The agitation of abolition had 
stirred the people as nothing else had ever done. A large 
class of people in the North were determined to destroy 
slavery at any cost. Many people in the South felt that the 
only w^ay to preserve their own peace and property was to 
quietly withdraw from the Union. Others believed it wis- 
dom to remain in the Union and there settle their troubles. 
It seems strange now that any civilized people who had 

(278) 



THE ELECTION OF 1860. 



279 



established and for seventy years lived under a republic of 
popular sovereignty, could have wished to perpetuate 
slavery. But there were mitigating circumstances. Slavery 
had originally existed in all the Colonies. When it became 
unprofitable in the North the slaves were sold into the South 
where it was profitable. Many of the now slave-owners 
had inherited it from their fathers and not sought it. Slaves 
were valuable property. Men have, in every civilized 
country, been slow to give up valuable property without 
resistance. Besides it wasdifficult to know what to do with 
the slaves if they were freed. Many persons feared the 
consequences if millions of ignorant people should be turned 
loose, penniless, among their old owners. Beyond this, it 
can be said in all truthfulness that slavery had been a benefit 
to the slaves themselves. They had been taken from savage 
and barbarous races in Africa, and the discipline of slavery 
in America had taught them many of the habits of civiliza- 
tion. They had learned how to work, which always exalts 
a people; had learned the arts of peace and frugal honesty. 
But slavery had been no benefit to the white people of the 
South, and a better reason for its extinction was the desire 
of the slaves themselves to be free. 

149. The Fugitive Slave Law and Nullification. 

The Fugitive Slave Law did much to aggravate the conten- 
tions and troubles between the North and South. It had 
been passed by Congress a few years before and gave to each 
slave-owner the right to pursue a runaway slave into any 
State and retake him without any verdict from a court declar- 
ing who was his rightful owner. All the claimant had to do 
was to exhibit to a marshal or sheriff, a certificate from a 
county clerk describing the slave. The officer was then 
required to put the slave into his peaceable possession. This 
law the United States Supreme Court said did not violate 
the Constitution. The decision gave great offense to the 



28o HISTORY OF MISSOUEI. 

North. At least fourteen Northern States by their Legisla- 
tures soon passed laws nullifying the Fugitive Slave Law by 
making it a crime for any sheriff to obey it, and by forbid- 
ding any State officer to aid in enforcing it. Their course 
made it impossible to enforce this law of Congress. The 
Southern States then argued if fourteen Northern States 
could thus nullify a law of the Union that they could with- 
draw from that Union. In the Presidential campaign of 
i860 the Breckenridge party in the South declared if the 
Republican party were successful at the polls the Southern 
States would withdraw from the Union. When it did suc- 
ceed they proceeded at once to carry out that threat. 

150. The Election. — The Democratic party in i860 
divided into two factions. One part, known as the State- 
rights men, nominated John C. Breckenridge of Kentucky 
for President. The other part, which was opposed to seces- 
sion and to the interference of the national Government with 
the local affairs and institutions of any State, nominated 
Stephen A. Douglas of Illinois. The remnant of the old 
Whig and Know Nothing parties, now known as Constitu- 
tion-Union men, nominated John Bell of Tennessee for 
President and Edward Everett of Massachusetts for Vice- 
President. The Republicans nominated Abraham Lincoln. 
The contest in Missouri was warm and intense, but not vio- 
lent. The State was carried by Mr. Douglas, which was the 
only State, except New Jersey, that gave him its electoral 
vote. Mr. Lincoln was elected. The number of votes for 
Douglas in Missouri was 58,801, for Bell 58,372, for Breck- 
enridge 31,317, for Lincoln 17,028. Nearly all those voting 
for Lincoln were Germans. Of those who voted for Breck- 
enridge, not half were in favor of secession. Many of them 
had come from the South, and in the intense excitement of 
the time their sympathies naturally enlisted them with the 
Southern Rights men who carried every Southern State. 



THE ELECTION OF 1860. 281 

Besides most of them, perhaps all, opposed the interference 
by Congress with the reserved rights of the States, but did 
not wish to carry this opposition to the extreme of secession. 

151. The State Ticket.— On the State ticket the Dem- 
ocrats did not divide. Their candidate was Claiborne F. 
Jackson of Saline county, who was a Douglass Democrat and 
who received 74,446 votes. Sample Orr, an "American" 
or "Know Nothing," received 64,583 votes. The Brecken- 
ridge candidate was Hancock Jackson, who received 11,415 
votes. James Gardenhire was the Republican candidate ; 
he received only 6,135 votes. Mr. Jackson was elected. 

Questions on Chapter X. 

What is said of the Whig party? (147) 

What were now being formed? (147) 

What became of the Whig party? {147) 

What is said of John C. Fremont? (147) 

What is said of public feeling? (148) 

What was the attitude of many people in the North toward 

slavery? (148) 
How did the Southern people feel about it? (148) 
What is said about the existence of slavery. (148) 
What is said about its benefits to the slaves? (148) 
What was the best reason for the extinction of slaverv? (148) 
What is said of the Fugitive Slave Law? (149) 
How had the North nullified.it? (149) 
What did the South argue from this? (149) 
How did the Democratic party divide in i860? (150) 
Who were the four candidates for President and of what par- 
ties? (150) 
Approximate the vote of each in Missouri? (150) 
How about the State ticket? (151) 



9 
10 

II 
12 

13 
14 

15 



16 
17 
Topical Outline of Chapter X. 

1. The New Republican Party, 

2. General Unrest. 



o 
CO 



o 

° { 



Q, / I. Its Benefits. 

^' •^' \2. Reasons for Its Extinction. 

(i. Held Constitutional. 

4. The Fugitive Slave Law. < 2. Its Nullification. 

[3. Argument of the South, 

- rp, T?^ i.- r o^ fi- National Ticket. 

5. The Election of i86o.|^_ 3^^^^ ^.^^^^^ 



CHAPTER XI. 
THE FIRST MONTHS OP 1861. 

152. The Situation. — On December 20, i860, South 
Carolina, through her Legislature, declared she no longer 
owed any allegiance to the Union. Within six weeks Miss- 
issippi, Florida, Alabama, Louisiana, Georgia, and Texas 
— seven States — seceded. As Missouri was at this time the 
first in population of the slave-holding States, and as most 
of her people were of Southern origin, it may be seen at once 
that she was now confronted with the gravest problem she 
had ever had to settle. 

153. The Governors. — Robert M. Stewart, the retir- 
ing Governor, had been reared in New York and his feelmgs 
naturally inclmed him with the North. He sincerely desired 
to keep Missouri in the Union. But he was opposed to forc- 
ing South Carolina and the other seceded States back into 
the Union, and if the Union should undertake to do this he 
was opposed to Missouri helping in the undertaking. He 
was also opposed to troops coming into Missouri either to 
wrest her from the Union or keep her in it. He stated the 
proper position for Missouri to assume and adhere to, was 
"armed neutrality." He set forth all these points forcibly 
in his last message in which he said : "If South Carolina 
and other cotton States persist in secession Missouri will de- 
sire to see them go in peace, with a hope that a short expe- 
rience at separate government will induce them to return to 
their former position. In the meantime Missouri will hold 
herself in readiness, at any moment, to defend her soil from 
pollution and her property from plunder by fanatics and ma- 
rauders, come from what quarter they may." He closed his 

(382) 



THE FIRST MONTHS OF 1861. 283 

message by saying: "I here record my unalterable devotion 
to the Union so long as it may be made the protector of 
equal rights." There can be no doubt, as subsequent events 
under more exasperating tests showed, that at this time the 
great majority of the people of Missouri were of the same 
opinion as Governor Stewart. The votes given the various 
candidates in November showed this and the vote in Febru- 
ary made it still clearer. 

154. Governor Jackson. — Governor Jackson, unlike 
Governor Stewart, had been reared in the South, and many 
social and political ties bound him to her people. In his in- 
augural address he declared that all Missouri wished was "to 
be let alone." He believed the Northern States had, by 
passing laws which nullified the Fugitive Slave Law, 
themselves practically abandoned the Union. He believed 
if arms were employed by the general Government to 
force a State back into the Union that it would be such an 
insult as all the States ought to resent, and in that event the 
true position for Missouri would be to secede and unite with 
the South. He declared: "The destiny of the slave-hold- 
ing States is one and the same. Their common origin, pur- 
suits, tastes, manners, and customs bind them together in one 
sisterhood. And Missouri will, in my opinion, best consult 
her own interests, and the interests of the whole country, by 
a timely determination to stand by her sister slave-holding 
States." It can not be denied that Governor Jackson was at 
this time in favor of Missouri's seceding if the Federal Gov- 
ernment should make war on the seceded States to force them 
back into the Union, but until that was done he was not in 
favor of secession. Even this position he afterward aban- 
doned, when the seceded States attempted to capture the 
Government forts and arsenals within their respective bor- 
ders. He then took the position at first declared by Stewart 



284 



HISTORY OF MISSOURI. 



that the proper course for Missouri was to preserve an 
"armed neutrality," and keep out of the State all "maraud- 
ers come from what quarter they may," but to take no part 
herself in the conflict between the States. 




CLAIBORNE F. JACKSON. 

155. The Legislature. — The Lieutenant-Governor, 
whose duty it is to preside over the Senate was Thomas C. 
Reynolds. From the outset he was in favor of secession, 
because he believed it impossible for Missouri to preserve an 
"armed neutrality" in the impending conflict, which he saw 



THE FIRST MONTHS OF 1861, 285 

was inevitable. He accordingly urged the General Assem- 
bly to declare Missouri determined to resist all attempts by 
the Federal Government to force the seceded States back into 
the Union or to collect the Government revenue in those 
States. He also urged that to make her able to resist coer- 
cion she must organize and enlarge her military forces. He 
appointed all the committees of the Senate in accordance 
with his views, and placed men on these committees who 
would endeavor to shape legislation in keeping therewith. 
Bills were immediately introduced in both houses to arm 
and equip the State militia and to provide for a State conven- 
tion to consider what position Missouri should take in regard 
to secession. These bills were received with prompt and 
almost unanimous approVal in the General Assembly. 

156. The First Gun. — Events seemed to be rapidly 
urging Missouri on to secession, and the Southern Rights 
men were "exultant and even defiant." But just at this 
time an event took place which made the supporters of the 
Union bold and aggressive. President Buchanan had sent a 
war vessel, the "Star of the West," laden with stores, guns 
and ammunition, for the purpose of strengthening Fort 
Sumter and other arsenals in South Carolina. As she 
attempted to land at Charleston the South Carolina forces 
fired on her, drove her back, and the first gun of the war 
was fired. Northern men now thought only of resenting the 
insult to the flag, and this occurrence put new purpose in 
them and iron in their purposes. But Southern men were 
enraged by the President's attempt to overawe them by 
sending this vessel and strengthening these forts, and were 
equally determined. 

157. The Convention Authorized. — The bill creat- 
ing the convention passed the General Assembly and became 
a law on January 18. In the Senate there were only two 



286 HISTORY OF MISSOURI. 

votes against it. In the House there were eighteen against 
and one hundred and five for it. The duties and powers 
thus committed to this convention were contained in the fol- 
lowing words creating it, which said it was "to consider the 
relations between the United States. . . . and the Govern- 
ment and State of Missouri; and to adopt such measures for 
vindicating the sovereignty of the State and the protection 
of its institutions as shall appear to them to be demanded." 
The law also provided if such convention should finally pass 
a secession ordinance that it should never be valid until sub- 
mitted to the people and adopted by a majority of the qual- 
ified voters of the State. These words creating this con- 
vention are important, because the limit and extent of its 
powers are by them defined and the purposes of calling it set 
forth. In the subsequent pages it will be seen that the con- 
vention when it came together far exceeded the limitations 
and purposes contemplated by the Legislature, and exercised 
powers never before claimed by any body in the State. It 
is to be further observed that whatever might have been the 
individual wishes of the members of this General Assembly for 
secession, yet they voluntarily transferred what power they 
had to take Missouri out of the Union to other hands and 
were determined that no body of men should take her out, 
but that this must be done, if done at all, by the people 
themselves. 

158. The People. — The election of delegates to this 
convention was to take place on February iS, just one 
month after the bill creating it became a law. A thorough 
canvass was at once begun throughout the State and carried 
forward with great interest till the end. The people divided 
into three parties, namely, Secessionists, Conditional Union 
men and Unconditional Union men. The leaders of the 
Secessionists were Governor Jackson, Lieutenant-Governor 



THE FIRST MONTHS OF 1861. 



287 



Reynolds, both United States Senators (James S. Green and 
Trusten Polk), General D. R. Atchison (formerly United 
States Senator) and Thos. L. Snead (editor of the St. 
Louis Bulletin). They did not desire the disruption of 
the Union, and deplored the haste of South Carolina and the 
other States in leaving it. But believing that all the seceded 
States would remain out of the Union and form a separate 
confederacy, they considered it the true duty of all the slave- 
holding States to unite together; believing also, that if a sep-' 
arate confederacy were formed, there would be war between 
it and the Union, they felt they were bound by the strongest 
kindred ties to stand by the South. They were not espe- 
cially devoted to slavery. In fact slavery was no longer the 
most prominent question in these discussions. It was from 
this time on put far in the background. The issue rose 
transcendently above this. "They were secessionists only 
because they believed the Union had been dissolved, that its 
reconstruction was impossible, that war was inevitable, and 
that in war the place for Missouri was by the side of the 
Southern states, of which she was one;" so wrote the 
learned Thomas L. Snead, twenty years after the war* had 
ended, who of all the Secessionists best understood the situ- 
ation. 

159. The Conditional Union Men.— The Condi- 
tional Union men were the most formidable opponents of the 
Secessionists. They were led by Judge Hamilton R. Gamble 
of St. Louis, Colonel A. W. Doniphan of Clay, Congressman 
James S. Rollins of Boone, Congressman John B. Clark of 
Howard, Ex-Governor Sterling Price of Chariton, Ex-Gov- 
ernor R. M. Stewart of St. Joseph, Judge William A. Hall, 
of Randolph, Congressman John S. Phelps of Greene, and 
Judge John F. Ryland of Lafayette, ably assisted by the 
Missouri Republican .^ then the ablest paper west of the Miss- 
issippi, and edited by the great Nathaniel Paschall, "a man 



288 HISTORY OF MISSOURI. 

of mature age, strong- intellect and consummate common 
sense." These leaders were the ablest, most popular, and 
most prominent men in the State, and it is doubtful if any 
State in the Union could have shown at that time a finer array 
of many-sided great men. Their astuteness, popularity and 
well-known patriotism, added to the fact that many of them 
were themselves large slave-owners, at once began to divide 
the Secessionists. They were for the Union, provided the 
Federal Government would not attempt to force the seceded 
States back and coerce them into submission. They declared 
themselves ready to resist coercion. But they did not fear 
it. They pleaded with patriotic pride for the preservation 
of the union of their fathers, which had been bought with 
blood, and which had brought a thousand blessings to one 
curse ; they urged the people that they must not allow their 
feelings to control them, but must remember that the steps 
they took might involve their children and their children's 
children in untold misery. 

160. The Unconditional Union Men.— The Un- 
conditional Union men were for the Union come what might. 
They believed the seceded States should be coerced into 
submission. The impersonation of this movement was 
Frank Blair. He saw that the only outcome of the trouble 
was war, that it must come in the near future and he was 
determined to hold Missouri for the Union. Blair contended 
that what was wanted in the convention were "men who 
were now and who would hereafter, under all circumstances, 
and in every emergency, be for the Union;" that he himself 
intended to stand by it to the last and to oppose in every way 
the secession of Missouri. At first his chief following was 
among the Germans, who had no kindred in the South, who 
had bought their lands from the Federal Government, who 
had enjoyed uninterrupted peace under it, and who felt that 
they should stand by it. But soon he had some able seconds. 



THE FIRST MONTHS OF 1S61. 



2S9 



They were Samuel T. Glover, James O. Broadhead, B. 
Gratz Brown, and Edward Bates, all of vSt. Louis. 

161. Missouri Declares for the Union. — The elec- 
tion of ninety-nine delegates to this Convention took place 
on February iS, and resulted in an overwhelming victory 
for the Union cause. Not a single avowed Secessionist w^as 
elected. The Union candidates received a total majority of 
eighty thousand, and the entire vote for them was almost 
three fourths of all the ballots cast. It was a great disap- 
pointment to the General Assembly, whose members had 
confidently looked for an overwhelming victory for secession. 
It put a stop to any preparations by it for war, and for tvv^o 
months the discussions were mild, and submissive to the 
popular will. On the other hand the triumph of the Union 
men emboldened the Convention, after a session or two, to 
take the extremest action. 

Questions on Chapter XI. 

1. What was now the situation? (152) 

2. State fully the attitude of Governor Stewart. (153) 

3. What did he state in his last message? (153) 

4. What was the attitude of the people? (153) 

5. What was Governor Jackson's position? (1.54) 

6. What declaration for secession did he put in his inaugural 

address? (154) 

7. Did he afterward abandon this position? (154) 

8. What position did he then take? (154) 

9. How did Reynolds try to lead the Legislature? (155) 

10. What two bills were passed? (155) 

11. Describe the effects of the ''first gun." (156) 

12. What powers did the Legislature delegate to the Conven- 

tion? (157) 

13. What is said of the subsequent action of the Convention? 

(157) 

14. Who alone did the Legislature consider had a right to take 

Missouri out of the Union? (157) 

15. Who were the leaders of the Secessionists? (15S) 

^9 



290 



HISTOBY OF MISSOUEI. 



16. What did Snead say of them? (158) 

17. Who were the leaders of the Conditional Union men? (159) 

18. What is said of them? (159) 

19. What was their position? (159) 

20. What was the position of the Unconditional Union men? 

(160) 

21. Who was their great leader? (160) 

22. What was the result of the election? (161) 

23. How was it regarded by the General Assembly? (161) 

24. How by the convention? (161) 



Topical Outline of Chapter XI. 



First Months of 1861 . < 



9- 
10. 



Secession of Certain States. 

The Attitude of Stewart. 

The Attitude of Jackson. 

The Legislature. 

The First Gun. [tion. 

Powers Delegated to the Conven- 

Ihe Secessionists. 

Conditional Union Men. 

Unconditional Union Men. 

Result of Election. 



CHAPTER XII. 



THE CONVENTION. 



162. The Convention Meets. — The convention, whose 
members had been elected on the eighteenth of February, 
the very day on which Jefferson Davis had been inaugurated 
President of the Confederacy, met at Jefferson City on the 
last of the month. Ex-Governor Sterling Price was elected 
President. He was an avowed Union man. The fifteen 
State-rights men voted for Nathaniel W. Watkins, a half- 
brother of Henry Clay. Soon after organization the 
convention adjourned to meet in St. Louis on March 4, 
the day Lincoln became President. Its members were the 
ablest men in the State, now met at the time of the greatest 
crisis in its history, "to 



consider its relations to 
the Government of the 
United States." In the 
last pages of this volume 
may be found a list of 
these delegates and the 
counties for which they 
were delegated to act. Of 
the ninety-nine members 
fifty- three were natives of 
either Virginia or Ken- 
tucky, three were Ger- 
mans and one an Irish- 
man. Thirteen were from 
the North. Mr. Gamble, 
who had been Supreme 




JAMES O. BROADHEAD. 

(391) 



2Q3 



HISTORY OF MISSOURI. 



Judge o£ the State, Willard P. Hall, the vice-president, 
Robert Wilson, of great ability, James O. Broadhead, one 
of her ablest and most scholarly lawyers, and John B. 
Henderson, always a steadfast opponent of secession, were 
Virginians. 

163. Against Secession and War. — The Committee 

on Federal Relations, through its chairman, Hamilton R. 
Gamble of St. Louis, on the ninth of March made a report 
declaring that secession by Missouri was "certainly not de- 
manded." A part of the report said that "the true po'sition 
of Missouri to assume is that of a State whose interests are 
bound up in the maintenance of the Union, and whose kind 
feelings and strong sympathies are with the people of the 
Southern States, with whom we are connected by the ties of 
friendship and blood." The resolutions were adopted by 
almost a unanimous vote, the opposition to each being only 
five or six votes. Thus was secession finally defeated. The 
Convention also declared the employment of military force 
to coerce the seceded States would plunge the country into 
war, and it therefore "earnestly entreated" the Federal 
Government and the seceded States "to withhold and stay 
the arm of military power and upon no pretext whatever to 
bring upon the nation the horrors of civil war." 

164. The Moss Resolution. — A difference of opin- 
ion manifested itself in the convention when the question 
was raised. What would Missouri do if the President 
should call on her to furnish troops to coerce the seceded 
States? They were opposed to coercion, but what would 
Missouri do if she were going to remain in the Union, 
if Congress and the President determined to undertake 
coercion and should call on her for troops for the purpose. 
Mr. James H. Moss, a delegate of ability from Clay county, 
said he would not vote for secession under any circum- 



THE CONVENTION. 



293 



stances, and introduced a resolution asking the convention 
to declare that Missouri would "never furnish men or 
money for the purpose of aiding the general Government in 
any attempts to coerce a seceding State." He supported 
the resolution warmly, and passionately pleaded with the 
convention to pass it. He declared "Missouri would 
never, never furnish a regiment to invade a seceded State." 
William A. Hall, of Randolph, who had been a circuit 
judge for sixteen years, replied to Mr. Moss, in argument 
that could not be gainsaid, that "if Missouri remained in 
the Union it would be her duty to furnish both men and 
money to the general Government when properly called 
upon for them, whether to coerce a State into submission or 
for any other purpose." Mr. John B. Henderson, of Pike, 
declared "the President has no more power to use force than 
you or I," and that no man could believe the "President 
will so far disregard his duties under the Constitution, or 
forget the obligations of his oath, as to undertake the subju- 
gation of the Southern States by force." Mr. Prince L. 
Hudgins, a State-rights man from Andrew county, said: 
"I do not believe a State has a constitutional right to 
secede; but seven States claim to have seceded, and I for 
one am anxious to bring them back. You can not do this 
by threats, nor by force, nor by abuse." James O. 
Broadhead did not believe the Federal Government had a 
right to coerce a State. Nearly all the delegates spoke 
against coercion, yet the Moss resolution failed, some voting 
against it because it was useless, a greater number honestly 
accepting Judge Hall's logic. By "the pitiless logic of 
facts" when the war did come on Mr. Henderson was one 
of the most ardent supporters of Lincoln in the use of force ; 
and Broadhead concurred with Lyon in making the attack 
on Camp Jackson and otherwise aided in the efforts to 
coerce Governor Jackson and the Legislature into submission. 



294 



HISTOBY OF MISSOUBI. 



And Mr. Hudgins before the next session of the conven- 
tion was arrested in St. Louis as a secessionist, thrown 
into prison and kept there until after the fall of Lexington, 
when he was exchanged for other prisoners. 

165. Adjourned. — The Convention, after it passed 
these resolutions, brought its labors to a close and adjourned 
on March 3 2, subject to the call of the executive committee. 
By this last arrangement it provided a way for self-perpetua- 
tion till secession became utterly impossible, as we shall 
hereafter see. On the twenty-eighth of the same month the 
Legislature adjourned without having made any arrange- 
ments for the war, or for raising and supporting a militia foi 
the protection of the State. In fact it may be said, in all 
truthfulness, that the vast majority of the people did not 
want war, nor did their desires go to the extent of even those 
of Governor Stewart, who counseled "armed neutrality." 

166. The Military BilL— The bill for arming the 
State was taken up in the Legislature on March 5. Gov- 
ernor Jackson urged its passage with all the power of his 
personal influence. It was favored by most of the State- 
rights members. But some LTnion men also favored it. They 
wished to prepare the State for defense from any kind of 
marauders ; but the majority of the members interpreted the 
recent election to mean that the people were opposed to 
secession and to any kind of warlike actions. The bill was 
defeated, and Missouri again recorded her unwillingness to 
secede. 

167. More Light. — The election of United States 
Senator this year throws some light on the position the Gen- 
eral Assembly regarded the State as holding to secession. 
Early in the session, when it became apparent that a con- 
vention would be held to consider the question of secession, 



TBE CONVENTION. 



295 



the Legislature had determined not to elect a successor to 
James S. Green, whose term would expire on March 3, till 
after it was learned whether the people preferred secession 
or the Union. When they voted for the Union, the Legisla- 
ture proceeded to elect a Senator on March i3. Mr. Green 
had been one of the most popular men in the State, but he 
was an avowed secessionist. His election was, therefore, 
impossible, although on one ballot he got seventy-six out 
of the one hundred and fifty-six votes cast. Waldo P. 
Johnson, of Osceola, St. Clair county, was elected on the 
fifteenth ballot. As indicating the part taken in the war by 
those most prominent in bringing it on, it is proper here to 
remark that James S. Green, who was set aside for being a 
secessionist, "did not raise his hand or his voice for the South 
during the war, while Johnson, who had been elected because 
he was a good Union man, quickly resigned his seat in the 
Senate, entered the army, and fought for the Confederacy 
till the end of the war." 

Questions on Chapter XII. 

1. Who was elected president of the convention? (162) 

2. "When did it meet in St. Louis? (162) 

3. What is said of its members? (162) 

4. What about their nativity? (162) 

5. Name some of them, (162) 

6. What report did the committee on Federal Relations decide 

on? (163) X 

7. Was this report adopted? (163) 

8. What M^as the Moss resolution? (164) 

9. What did Mr. Moss say in regard to it? (164) 

10. How did Hall answer him? (164) 

11. What did John B. Henderson say? (164) 

12. How did Hudgins declare himself? (164) 

13. What was Broadhead's belief? (164) 

14. What is said of "the pitiless logic of facts?" (164) 

15. How did the convention arrange to perpetuate itself? (165) 



296 



HISTORY OF MISSOURI. 



16. What was the attitude of the people? ( 165) 

17. What is said of the Military Bill? (166) 

18. What is said of the election of U. S. Senators this year? (167) 

19. And what of the after conduct of Green and Johnson? (167) 

Topical Outline of Chapter XII. 

I. Organization of Membership. 

{I. For the Union. 
2. Against War. 
3. Sympathies With the South. 
3. The Moss Resolution. 

( I. Moss. 
I 2. Hall. 
Declarations of -l 3. Henderson. 

4. Hudgins. 

5. Broadhead. 



The Convention. 



CHAPTER XIII. 

THE ARSENAL AND CAMP JACKSON. 

168. The Government Arsenal. — There was a Gov- 
ernment arsenal in St. Louis, well stored with forty thousand 
or more stand of arms and other valuable munitions of war. 
This arsenal now became the center of^ all warlike inten- 
tions. Both sides wanted it, in the event that there was to 
be war. Governor Jackson had all along believed the war 
to be inevitable, and if it came he believed Missouri would 
be the natural ally of the South, and he determined to put 
her on that side if he could. He did not declare this purpose 
publicly, but he instructed General Frost, who had gone into 
camp just at the edge of St. Louis after his return from the 
Kansas troubles, with about 700 men, to keep himself well 
informed of all movements and if he deemed it necessary, to 
seize the arsenal and hold it for future disposal. General 
Frost in furtherance of this plan waited upon its commander. 
Major Bell, who frankly told him that he thought the State 
had a right to claim the arsenal as being on her soil and that 



THE ABSENAL AXD CAMP JACKSON. 



297 



he would not defend it against the proper State authorities, 
but would against "all irresponsible mobs." But before Frost 
could thus peaceably take possession of the arsenal, it was 
supplied with additional troops, Major Bell was relieved of 
command, and Major Hagner put in his place, and by the 
eighteenth of February, the day on which the State voted not 
to secede, there were four or five hundred soldiers behind the 
w.alls, able to repulse almost any attack which might be 
made on it, and on the next day General Harney notified the 
President that there was no danger of an attack and never 
had been. In this condition of things each side would have 
gone on without any disturbance from the other, had there 
not appeared on the scene a man who was ready for war. 
This man was Captain Nathaniel Lyon. 

169. Captain Lyon was born at Ashford, Connecti- 
cut, educated at West Point and was an officer of the regular 
army. He was at this time forty-three years old and is 
described as having been "of less than medium height; 
slender and angular; with abundant hair of a sandy color, 
and a coarse, reddish-brown beard. He had deep-set blue 
eyes, and features that were rough and homely." His dis- 
position made him fretful and impatient under restraint. He 
could see only one side of a question, but he saw that with 
terrible earnestness, and with no patience with any person who 
saw the other side. All persons who did not agree with him 
he regarded as being influenced by unworthy or improper 
motives. He was devoted to the Union and always eager to 
crush those who were not. Upon his arrival at St. Louis he 
at once set to work to make himself department commander, 
and never ceased until he had been given almost unlimited 
power to do as he pleased. His chief helper was Frank 
Blair, who at all times pushed him forward. Yet he was 
restive, and this led him to fear that Mr. Lincoln "lacked 
the resolution to grapple with treason and to put it down for- 



298 



HISTORY OF MISSOURI. 



ever.'* He thought the best thing to do with a conseivative 
man like Major Hagner was to *'pitch him in the river." 
He had been in Kansas through all its border troubles 




between the Free-soil and the Pro-slavery men. He had 
formed the greatest dislike to the latter and in the troubles 
between the two factions said he foresaw "sectional strife, 



THE ARSENAL AND CAMP JACKSON. 



299 



which I do not care to delay." He came to St. Louis pos- 
sessed with this idea and feeling, and at once went to drilling 
the *'Wide Awakes" and other volunteer soldiers, and those 
quartered within the arsenal. In this he showed the great- 
est diligence and skill. He inspired everyone w^ith his own 
courage and zeal. By the middle of April, four regiments 
had been enlisted, and he proceeded to arm them with guns 
from the arsenal. With this well-trained force he and Blair 
felt strong enough to attack Governor Jackson and his follow- 
ers, and they lost no time in finding a pretext for so doing. 

170. A Call for Troops. — Fort Sumter surrendered 
on April 13, 1861. On the same day President Lincoln 
issued a proclamation "for seventy-five thousand men to 
suppress combinations too powerful to be suppressed by the 
ordinary course of judicial proceedings," and on the same 
day the Secretary of War telegraphed Governor Jackson his 
requisition for four regiments of infantry. On the sixteenth 
the Governor replied: "Not one man will the State of Mis- 
souri furnish to carry on an unholy crusade upon the seceded 
States." The people of Missouri indorsed the Governor's 
reply, but to Blair and Lyon it was reason enough to make 
an attack upon Frost. Besides, this reply was supplemented 
by frequent reports that guns and ammunitions, obtained 
from the Government arsenal in Louisiana, had been 
secretly brought up the river and conveyed to Camp Jackson, 
where Frost's little command was now encamped. 

171. Liberty Arsenal. — There was another Govern- 
ment arsenal about four miles south of Liberty in Clay 
county. It was in charge of Major Nathaniel Grant and 
two other men, and contained about 11,000 pounds of pow- 
der, about 1 ,500 guns and twenty or thirty small cannon. On 
the twentieth of April, just six days after President Lincoln's 
call for troops, 200 men under the command of Colonel H. 



300 BISTOB Y OF MISSO UBL 

L. Routt, most of them from Clay and Jackson counties, 
quietly took possession of this arsenal, with no interruption 
except the protests and railings of Grant, at whom they only 
laughed. Within the next few days they carried away most 
of the guns and powder. These were never retaken but 
were used in after years in the service of the Confederacy. 
The captors, however, seemed to have had no other purpose 
than to supply themselves with arms and ammunition for 
whatever troubles that might arise. But the capture of this 
arsenal and the reports about Camp Jackson determined 
Lyon on making the attack upon that camp. 

172. New Regiments. — Besides he had been encour- 
aged by a special order from the Secretary of War at Wash- 
ington, Mr. Simon Cameron, who on the thirtieth of April 
directed him to "enroll ten thousand loyal citizens of St. 
Louis and vicinity." Five new regiments were enrolled 
under this order, known as the Home Guards, while the 
other five regiments already enrolled were known as Mis- 
souri Volunteers. The first regiment of the Missouri Vol- 
unteers was composed mostly of natives of this country and 
Irishmen. The other nine were composed almost exclu- 
sively of Germans. 

173. Harney and Lyon. — The time was now oppor- 
tune to make the attack. General Harney, who was in 
charge of the department, and to whom therefore Lyon and 
Blair were inferior officers, had been summoned to Wash- 
ington to answer for his official conduct on the complaint of 
Blair. This complaint was founded on a conflict between 
Lyon's troops and the St. Louis police. Lyon had been 
patroling the streets in front of the arsenal with his troops. 
This was in violation of the city laws and an interference 
with the duties of the Board of Police Commissioners. The 
Board complained to Lyon and demanded that he should 



THE ARSENAL AND CAMP JACKSON. 



301 



obey the laws. Lyon refused. The Board was powerless 
to enforce their complaints in the face of his well armed 
troops, and appealed to General Harney. He ordered Lyon 
to withdraw his patrols into the limits of the arsenal and not 
to issue arms to an3^one except by his sanction. This led 
Blair to charge Harney to the Secretary of War, as having 
controverted his orders, and in consequence Harney was 
summoned to Washington to defend himself. Harney, who 
was opposed to any aggressive attacks, was now out of the 
way and Lyon was left in full command. 

174. Lyon and Camp Jackson. — General Lyon, 

disguised as an old woman, on the ninth of May, the next day 
after the arms and ammunitions had been received at Camp 
Jackson from Louisiana, drove through the camp, and satis- 
fied himself that the men had in their possession guns and 
ammunitions which had been taken from the captured United 
States arsenal at Baton Rouge and which rightfully belonged, 
in his opinion, to the Federal Government. These were 
easily to be seen, for Frost had required them to be stacked 
outside at the entrance to the regular camp. Lyon returned 
and reported that the camp was "a nest of traitors." This 
was Thursday the ninth. Harney would return on Sunday. 
He and Blair determined on an attack forthwith, and that 
it should be made next day. On the next morning, General 
Frost, who had for two days been receiving reports that 
Lyon w^ould make an attack on his camp, addressed him a 
letter in which he denied that he or any part of his command 
was actuated by any hostile intentions to the Federal Govern- 
ment, and closed by adding: "I trust after this explicit 
statement we may be able, by fully understanding each 
other, to keep far from our borders the misfortunes which 
unhappily afflict our common country." But Lyon refused 
to receive the letter and sent it back. His troops were 
already forming for the march to the camp, which he 



302 HISTORY OF MISSOURI. 

declared was made up mostly of secessionists, who were 
plotting to overthrow the Government's authority. 

175. The Attack. — He surrounded the camp with his 
well disciplined soldiers, and sent a demand to Frost for his 
immediate and unconditional surrender. As his force num- 
bered 7,000 men and more, and Frost's 700, the latter at once 
did so. The captured soldiers stacked their arms and were 
arranged in aline along Olive street, which was occupied by 
Lyon's troops, there halted and kept standing over an hour. 
Great numbers of men, women and children from the city 
gathered around the troops and prisoners, and at times 
attacked the troops with stones, and called them, in deri- 
sion, "Dutch Blackguards," because one of the German com- 
panies called itself Die Schwartze Garde (the Black Guard). 
The soldiers resented this by firing into the crowd, first with 
a few shots, which were almost immediately "followed by 
volley after volley." When the firing ceased twenty-eight 
persons lay dead or mortally wounded, among them three of 
the prisoners who had only a little while before surrendered, 
and an infant in the arms of its mother and one of Lyon's 
soldiers. The march was at once resumed to the arsenal and 
the next day the prisoners were released on their own parole 
not to bear arms against the Government while the Civil War 
should last. 

176. A Blunder. — The attack upon Camp Jackson 
proved to be a blunder. It was intended to crush out all 
spirit of secession in the State and completely disarm and 
crush the influence of those who wished it to secede. This 
number was small. It will be remembered that the question 
of secession had been submitted to the people on the eigh- 
teenth of February and had been declared against by a 
majority of eighty thousand votes. Since that time instead 
of gaining, the secession sentiment had waned. Even the 



THE ARSENAL AND CAMP JACKSON. 303 

doctrine of the numerous Conditional Union men, that Mis- 
souri would secede only when the Federal Government should 
attempt to coerce and force the seceded States back into the 
Union, had been abandoned, and most of those who had 
prior to February 18 held to this view, had prepared to 
quietly submit to this attempted coercion. With the excep- 
tion of Governor Jackson and a handful of his enthusiastic 
followers, the vast majority of the people preferred that 
Missouri should remain in the Union and take no part in the 
Civil War, now already begun in other States. But now 
everything was changed. In the twinkling of an eye a 
thrill of horror ran through the State at the needless killing 
of private citizens and surrendered prisoners by a foreign- 
born soldiery led by an unrelenting captain from another 
State, whose course seemed to receive the entire sanction of 
President Lincoln. The news was telegraphed to Jefferson 
City where the Legislature had been in special session since 
May 2. At that very time it happened the Military Bill, 
designed for the organization of the State militia for any 
emergency that might arise, was being considered and had 
been under consideration for several days. It was being 
successfully opposed, because it was believed the people had 
pronounced against any military preparations, and for the 
further reason that it was feared the Governor might use the 
militia in aid of secession. The bill for these reasons could 
never have been passed had not the Camp Jackson affair 
occurred. But as an indication of the popular revulsion 
and excitement because of the fact that the United States 
forces had attacked the State's forces, within fifteen minutes 
after the news had been received at the Capitol the Military 
Bill had been rushed through both houses of the General 
Assembly, and was ready for the Governor's signature. 
Within five days the Legislature passed laws authorizing the 
expenditure of over two million dollars "to repel invasion 



304 



HISTORY OF MISSOURI . 



and put down rebellion," as it said. Fortunately the Legis- 
lature had sometime before referred to the convention and to 
the people the question of secession ; if this had not been 
done, the Legislature would now with equal precipitation 
have passed a secession ordinance. 

177. Preparations for War. — Preparations for the 
war by both sides now went on apace. Hundreds of men 
who up to this time remained loyal to the Union, felt them- 
selves driven into the secession movement by the unfortunate 
affair at Camp Jackson. Among those who identified them- 
selves with this movement was Sterling Price, who had been 
Governor of the State from 1853 to 1S57, and who had re- 
flected great glory upon Missouri in the Mexican War. He 
now offered his sword to Governor Jackson to fight for what 
he declared to be in defense of the State. He was appointed 
major-general of Missouri State Guards. The State was 
divided into eight military districts and over each was 
appointed a brigadier-general to organize and drill the 
militia. For this purpose Governor Jackson appointed A. 
W. Doniphan, Monroe M. Parsons, James S. Rains, John 
B. Clark, Thomas A. Harris, Nathaniel W. Watkins, A. E. 
Steen, W. Y. Slack and James H. McBride; Colonel 
Doniphan, however, refused to accept the appointment, but 
remained steadfast in his allegiance to the Union, yet took 
no part in the war. 

178. Indorsed by Harney. — General Harney had 
in the meantime returned to St. Louis. He deemed the at- 
tack on Camp Jackson as proper and just, and said two of 
the streets of the camp were called Davis and Beauregard, 
after Jefferson Davis and the general who had led the attack 
on Fort Sumter, and that soldiers therein had openly worn 
the dress and badge of Confederate soldiers. He issued a 
proclamation on the fourteenth of May in which he declared : 



THE ARSENAL AND CAMP JACKSON. 



305 



"No Government in the world would be entitled to respect 
that would, for a moment, tolerate such openly treasonable 
preparations," and announced that the whole power of the 
United States would be employed, if necessary, to maintain 
its authority as " the supreme law of the land." Beyond this 
he wished only to preserve the general peace and to protect 
all loyal citizens from violence of any kind. On the seven- 
teenth of May he asked the War Department for ten thousand 
stand of arms, and that nine thousand men should be fur- 
nished him by Iowa and Minnesota. 

179. Price-Harney Agreement. — While these prep- 
arations for war were going on, conservative men appealed 
to Harney and Price to preserve the peace and agree upon a 
plan of neutrality; General Harney accordingly sent an invi- 
tation to General Price to meet him for the purpose of form- 
ing such an agreement, which Price, with Governor Jackson's 
approval, readily accepted. The Price-Harney agreement 
was formed, wherein each avowed it was his purpose "to re- 
store peace and good order," and Price was to be intrusted 
with the duty of keeping order in the State, subject to the 
laws of the Federal and State Governments. If this were 
done the people were assured by Harney that he would have 
no occasion, as he had no wish, "to make military move- 
ments in the State which might create jealousies or excite- 
ment." In accordance with this agreement. Price dismissed 
the troops at Jefferson City. But because the agreement, 
which Harney said produced a good effect throughout the 
State, did not include that all military organization should 
cease and the militia be dispersed, this action of Harney's 
gave great offense to Blair and Lyon, who at once determined 
upon his removal. Accordingly, O. D. Filley, as a member 
of the St. Louis "Safety Committee," which had all along 
supported Lyon and Blair, sent out a circular letter to every 
20 



So6 



HISTOBY OF MISSOURI. 



part of the State asking that full and detailed reports be sent 
in of all offensive treatment of loyal Union men by the seces- 
sion element. These reports were very voluminous. They 
were forwarded to President Lincoln, who sincerely believed 
them, but Harney did not, but declared that Price was faith- 
fully carrying out his part of the agreement. The President 
thought these outrages "should be stopped," and therefore 
relieved Harney, and put General Lyon in command. 

180. War Declared. — General Lyon was no longer 
impeded by a conservative superior officer, but was left free 
to pursue any course he pleased. Both sides began at once 
to again make active preparations for the war. But before 
much had been done William A. Hall and other honorable 
citizens made another effort to prevent a conflict, and per- 
suaded Governor Jackson to ask an interview with General 
Lyon "for the purpose of effecting a pacific solution of the 
troubles of Missouri." Lyon regarded Governor Jackson as 
a traitor, but if he should come to St. Louis for this purpose, 
Lyon promised that he would not arrest him while there or 
on his way back to the capital. Accordingly the interview 
took place at the Planters' House, St. Louis, on the eleventh 
of June. The Governor was accompanied by General Price 
and Thomas L. Snead, who appeared for the State, while 
Lyon, Blair, and Major Conant represented the Federal Gov- 
ernment. General Lyon led the conference for his side, 
which lasted for four or five hours. In a proclamation which 
the Governor published next day he declared that in this in- 
terview he had proposed to Lyon and Blair: "That I would 
disband the State Guard and break up its organization; that 
I would disarm all the companies which had been armed by 
the State ; that I would pledge myself not to attempt to or- 
ganize the militia under the Military Bill; that no arms or 
other munitions of war should be brought into the State ; 
that I would protect all citizens equally in all their rights, 



THE ABSENAL AND CAMP JACKSON. 307 

regardless of their political opinions; that I would suppress 
all insurrectionary movements within the State; that I would 
repel all attempts to invade it from whatever quarter and by 
whomsoever made ; and that I would thus maintain a strict 
neutrality in the present unhappy contest, and preserve the 
peace of the State." This was a clear abandonment of seces- 
sion by the Governor, but the proposition was made upon 
the condition that the Federal Government would undertake 
to disarm the Home Guards, and would pledge itself not to 
occupy with its troops any locality in the State not occupied 
by them at that time. Finally, when this proposition had 
been fully discussed (till all present understood it), Lyon 
suddenly broke up the conference by this reply: "Rather 
than concede to the State of Missouri the right to demand 
that my Government shall not enlist troops within her limits, 
or bring troops into the State whenever it pleases, or move 
its troops at its own will into, out of, or through the State; 
rather than concede to the State of Missouri for one instant 
the right to dictate to my Government in any matter however 
unimportant, I would see you and every man, woman, and 
child in the State, dead and buried;" and, turning to the 
Governor, he said: "'This means war; in an hour one of my 
officers will call for you and conduct you out of my lines.' 
And it did mean war. Men who had known and loved each 
other for years, now bade farewell and turned away, a part 
to fight for the Union, the other part for the State. 

181. Francis Preston Blair was born at Lexington, 
Kentucky, February 19, 1S21, and died in St. Louis, Mis- 
souri, July 8, 1875. He was a descendant of the Blairs and 
Prestons of Virginia, two families of great excellence and 
marked intellect. His father was Francis Preston Blair, the 
trusted adviser of Andrew Jackson and afterwards of Mr. 
Lincoln. A truer type of the American patriot w^as never 
known than the elder Blair. At the age of nine Frank went 



3o8 



mSTORY OF MISSOURI. 



with his father to Washington and was well instructed in the 
best schools. At twenty he graduated at the renowned 
Princeton College. Two years later he graduated in law 




FRANCIS p. BLAIR, JR. 

from the Transylvania University of Kentucky. He came 
to St. Louis and began the practice of law with painstaking 
energy. His health failing, he went in 1845 to New Mexico 
and took part in setting in operation the Government of the 



THE ARSENAL AND CAMP JACKSON. 309 

United States in that newly conquered territory. He 
returned to Missouri, again pursued his profession, and in 
1853 and 1853 was elected to the Missouri General Assembly. 
He espoused the cause of Free-soil and Emancipation with 
greatest energy and courage. At that time his cause was most 
unpopular, but no kind of threats or intimidation deflected 
him from his course. He gained but little following outside 
of St. Louis, but in that city the German citizens were his 
strong supporters. In 1S56 he had so thoroughly organized 
the Free-soil party that he was elected to Congress, and was 
again elected in 1858 and i860. In 1858 his party candi- 
dates were elected to the municipal offices of St. Louis and 
held them without interruption to the close of the war. He 
foresaw the impending struggle in Missouri long before other 
men did and he set about to crush every effort at secession, 
and not till the last gun was fired did he cease. He held a 
ratification meeting of Mr. Lincoln's nomination in i860, 
which was much disturbed by some lawless persons. To 
put a stop to this he organized a kind of vigilance company 
or body-guard known as the "Wide Awakes." These 
accompanied him wherever he went in his canvass and pro- 
tected him from insult and his audiences from being dis- 
persed. He afterwards organized them into the first Union 
company formed in the State and was made its captain. 
Then he enlarged it into a regiment and was elected its 
colonel. Then he went off to the war, and neither side ever 
had a braver officer nor one who did harder fighting. He 
took part under General Grant in the siege of Vicksburg in 
1863, and was in the hottest of all the fight. "During the 
siege, by an order of Grant, he laid waste the country for 
fifty miles around Vicksburg, drove off the white inhabitants, 
burned the grist mills, cotton gins and granaries, and 
destroyed the crops." On the death of General McPherson 
he was made general of the seventeenth army corps. He 



3IO 



HISTORY OF MISSOURI. 



did valiant service under General Sherman in the subjugation 
• of Tennessee and continued with him till the close of the 
war, always bearing the brunt of battle. He took part in 
the siege of Atlanta and in the subsequent "march to the 
sea," in which his men were always in front. 

He had always been opposed to the radical emancipa- 
tionists and in 1863 again offered himself in St. Louis as a 
Conservative Republican candidate for Congress. He got 
one hundred and lifty-three more votes than Mr. Knox, the 
Radical Republican, but Congress declared the latter elected. 
When the war was over Mr. Blair was found to be the best 
friend of the vanquished in the State. He was a man of 
steel and iron to crush out secession, but when the secession- 
ists yielded he laid down his arms. He had fought for the 
Union arid won, and he wished to re-establish it in its best 
sense as a Union of the whole people. He returned to Mis- 
souri and found hard, rigid laws which disfranchised half of 
the citizens of his former days before the war. He could 
have had any office in the gift of the State for the accept- 
ance, but he voluntarily put all aside, and espoused the 
cause of the disfranchised men. He canvassed the State, 
amid great danger and insult, and finally won. President 
Johnston nominated him for many offices, but the Senate 
always refused to confirm the appointments. In 1868 he 
was a candidate for Vice-President on the Democratic ticket 
with Seymour. In 187 1 he was a member of the State Legis- 
lature and was elected United States Senator, to fill out the 
unexpired term of Charles D. Drake, and served till March 
4' 1S73. 

Questions on Chapter XIII. 

1. What is said of the arsenal near St. Louis and Jackson's 

attempt to gain possession of it? (168) 

2. Describe Captain Ljon. (169) 

3. What had he to say of Mr. Lincoln? (169J 



THE ARSENAL AND CAMP JACKSON. 



3it 



4. "What did he foresee from the Kansas troubles'? (169) 

5. What did he and Blair determine on? (169) 

6. What call did Mr. Lincoln make? (170) 

7. What was Jackson's repl J? (170) 

8. How did Blair and Lyon regard this reply? (170) 

9. What other bad report did they hear? (170) 

10. What is said of Liberty arsenal? (171) 

11. What regiments were now enrolled? (172) 

12. What conflict between Harney and Lyon had occurred? (173) 

13. Describe Lyon's conduct on May 9. (174) 

14. What did Frost on the morning of the tenth? (175) 

15. Describe the attack on Camp Jackson. (175) 

16. What was the purpose of the attack on Camp Jackson? (176") 

17. How did it prove to be a blunder? (176) 

18. What were some of its effects? (177) 

19. Who was placed in command of the State Guard? (177) 

20. How did Harney regard the attack on Camp Jackson? (178) 

21. What was the Price-Harney agreement? (179) 

22. How did Price begin to carry it out? (179) 
22). What did Harney say of it? (179) 

24. How did the Safety Committee break it down? (179) 

25. What was the result on Harney? (179) 

26. What further efforts at peace were made? (180) 

27. Describe the interview between Lyon and Jackson. (180) 

28. What did Jackson propose? (180) 

29. Upon what condition were these propositions made? (180) 

30. "Was Lyon willing to concede to the State the right to dictate 

to the Federal Government? (180} 

31. What did he say? (180) 

Topical Outline of Chapter XIII. 

1. Arsenal at St. Louis. 

2. Nathaniel Lyon. 

3. A Call for Troops. 

4. Liberty Arsenal. 

5. Conflict Between Harney and Lyon. 

6. Lyon's Investigation of Camp Jackson. 

7. The Attack on Camp Jackson. 

8. Effects of the Camp Jackson Affair. 

9. Harney Endorses Attack on Camp Jackson. 

10. Organization of Missouri State Guard. 

11. Price-Harney Agreement. 

12. War Declared. 

13. Francis Preston Blair. 



Arsenals and 
Camp Jackson. 



CHAPTER XIV. 

BOONVILLB, CARTHAGE AND COWSKIN 
PRAIRIE. 

182. Hasty Movements. — Jackson and Price has- 
tened to Jefferson City immediately after the conference 
with Lyon, arriving there at two o'clock at night. Before 
daylight the Governor had issued his proclamation, setting 
forth in full the propositions of the conference, and asking 
for fifty thousand volunteers, "for the purpose," he said, "of 
repelling the attack that had been made on the State and for 
the protection of the lives, liberties and property of her citi- 
zens." He also sent orders to the commanders of the differ- 
ent military districts (mentioned in section i77)' ^^ assem- 
ble their men and prepare for active service. On the next 
day he and Price and the State officers, with the State 
papers, hastily set out for Boonville, General Price having 
previously caused the railroad bridges over the Osage and 
Gasconade to be destroyed so as to prevent Lyon's approach 
by rail, and directed General Parsons, who had collected a 
small force, to retire to a point along the Missouri Pacific 
railroad and there await orders. On his arrival at Boonville 
Jackson found General John B. Clark already there with sev- 
eral hundred men. They continued to arrive during the next 
two days, and came in little squads from all around the coun- 
try, but mostly from north of the river where Clark and 
Price and Jackson were greatly beloved. But Price soon 
became convinced that it would be impossible for him to 
hold the river against the superior force of General Lyon, 
who was rapidly moving up the river. He needed time to 
organize an army, train the troops who knew nothing at all 
(312) 



BOONVILLE, CARTHAGE AND COWSEIN PRAIBIE. 313 

of a soldier's duties and to furnish them with guns and 
ammunition. He, therefore, leaving Jackson and Clark be- 
hind him, hastened on to Lexington. His plan was to assume 
command of the troops who had been assembling at that 
point, which had been threatened by a large body of Kansas 
and national forces, and withdraw them to the southwest, 
where he hoped for time to organize, arm and equip them. 

183. Lyon's Movements. — The movements of Gen- 
eral Lyon were equally active. Immediately after the con- 
ference in St. Louis with Jackson and Price, he telegraphed 
to Washington for five thousand stand of arms and author- 
ity to enlist more troops in Missouri. Both requests were im- 
mediately granted. He ordered Colonels Sigel, Salomon and 
B. Gratz Brown with their regiments to set out for Spring- 
field. Brigadier-General Thomas W. Sweeney was put in 
command of this expedition, and its object was to intercept 
Governor Jackson if he should attempt to retreat to Arkan- 
sas. Lyon himself took two thousand well trained troops 
and started by boat next day for Jefferson City. He arrived 
there on the fifteenth of June, and leaving Colonel Boern- 
stein and three hundred men to hold the city, he himself 
proceeded up the river. When within eight miles of Boon- 
ville, he landed most of his men, and caused the boats to 
move on past the city with the rest, in order to deceive Jack- 
son as to his real purpose. 

184. At Boonville. — The battle of Boonville was 
was fought on Monday, June 17, between Colonel Marma- 
duke with less than five hundred men, and General Lyon 
with over three times that number. The engagement was 
sharp and was kept up for some time. It took place one 
mile east of the city and resulted in routing Marmaduke, 
with two men killed and five slightly wounded. Lyon's loss 
was two men killed and nine wounded. Jackson was now 



3H 



mSTORY OF MISSOVBt. 



obliged to beat a hasty retreat to the southwest, which he 
did with his entire force, including General Parsons who had 
joined him at Boonville on the very day of the fight with 
Lyon. Lyon remained at Boonville two weeks waiting for 
his transportations, and thoroughly discouraging any secession 
movements by his very presence. This battle of Boonville, 
trifling as it may appear from the amount of fighting done, 
proved to be perhaps the most important to the Union cause 
fought in Missouri during the entire war. It was the first 
real fight between the State and Union forces and the Union 
had won. It was fought on the part of the State, by volun- 
teers alone. When these were defeated it almost put a stop 
to volunteer enlistments in Price's army. The ardor of the 
Southern sympathizers had led them to believe that Jackson's 
forces would gain this battle. When he failed they were so 
discouraged and calmed that they quietly submitted. All 
north Missouri was now in complete subjection. At Lexing- 
ton Price was threatened with a force of two thousand, five 
hundred men from Kansas under Major Sturgis. He there- 
fore ordered his troops to proceed southward under command 
of General Rains, to join Jackson, and set out himself for 
Arkansas to induce General Ben McCulloch with a large 
Confederate army to enter the State and assist in driving 
Lyon from it. 

185. The Battle of Carthage. — Jackson retreated 
southward rapidly. His force consisted of between six and 
seven thousand men, so badly organized and so poorly 
supplied with arms and ammunition that it was little better 
than a mob. At Lamar he was joined by Rains and as he 
approached Carthage he suddenly found Colonel Sigel in 
his front, with about a thousand well armed men. On 
July 5 a line of battle was drawn on a ridge which gently 
inclined towards Coon creek, about twelve miles from Car- 
thage. About two thousand, six hundred infantry armed 



BOONVILLE, CARTHAGE AND COWSKIN PRAIRIE. 



15 



with shotguns and rifles, and one thousand, five hundred 
mounted men similarly armed, took part in the fight on 
the part of the State troops. Sigel opened the fight with a 
steady fire of shot, grape 
and shell. It was kept 
up for about an hour, 
when about two thousand 
of Jackson's unarmed 
men were ordered to take 
shelter in the skirting of 
woods on his right. Sigel 
did not know they were 
unarmed but supposed 
they were ordered to at- 
tack him in the rear, 
and withdrew his men in 
good order beyond the 
creek. There he left 
Essig's battery and five 
companies of infantry to 
prevent the State troops from crossing. When the troops 
got within four hundred yards of the ford they were met by 
the well directed shots from Essig's battery. Here the hot- 
test fighting of the day followed. But Generals Clark and 
Parsons managed to cross at another ford, and were about to 
cut off any possibility of Essig's escape. He therefore fell 
back to the main body of Sigel's army, who continued his 
retreat on to Sarcoxie, twenty miles away. Sigel's loss was 
thirteen killed and thirty-one w^ounded. Jackson's loss was 
ten killed and sixty-four wounded. The losses on each side 
have often been erroneously reported to be three or four 
hundred. 

186. Price Asks Aid of McCulloch.— The day after 

the battle of Carthage, Governor Jackson entered that city 




MAJ.-GEN. FRANZ SIGEL. 



3 1 6 HI8T0B Y OF MISSO UBL 

with his army, and there was met by General Price, who 
had been successful in Arkansas in inducing General Mc- 
Culloch to cross the border with several regiments of Con- 
federate and Arkansas troops, and who had on July 5 
captured a company of one hundred and thirty-seven men, 
whom Sigel had left at Neosho for the protection of that 
town. They also captured what they regarded still more 
highly, namely, one hundred and fifty stand of arms and six 
wagons laden with supplies. Here for the first time the 
State troops came in sight of Confederate soldiers and they 
were hailed with loud huzzas and great rejoicings. On the 
ninth of July Price went into camp on Cowskin Prairie, in 
McDonald county, for the purpose of organizing his army. 

187. Governor Jackson Leaves the State. — On 

July 13 Governor Jackson left for Memphis, in order to 
persuade General Polk, to whose command all the country 
west of the Mississippi was attached, to send into Missouri a 
sufficient Confederate force to re-possess the State. This 
was now necessary to his fortunes, as it was well known that 
one of the first acts of the Convention, which had been called 
to reassemble on July 22, would be to depose Jackson, 
and elect a Governor of its own choosing, and organize a 
State government to wield the power of the State against the 
South. Polk ordered General Pillow to take six thousand 
men from West Tennessee and move them by way of New 
Madrid into Missouri. There they would be joined by a 
force of State troops under Jeff. Thompson. The object 
was to move upon Jefferson City, threaten St. Louis as they 
passed, drive the Federal forces from the State and re-es- 
tablish Jackson at the State capital. General Pillow did 
move to Missouri but not until it was too late to do Jackson 
any good. Besides, his movement was only a feint. On 
August 3, General Fremont with nine large vessels and a 
large force of troops dropped down the Mississippi river to 



BOONVILLE, CARTHAGE AND COWSKIN PBAIBIE. 317 

Bird's Point, and virtually caused Pillow and Thompson to 
abandon their invasion, though he did not fire a gun, and in 
a few days returned to St. Louis. 

188. Lyon's Course. — We left General Lyon at 
Boonville. On the seventeenth of June he issued a procla- 
mation in w^hich he stated the Governor and Legislature had 
adopted means to effect a separation of the State from the 
L^nion, that they sympathized with the secession movement, 
that constant complaints had been made to him, accompa- 
nied by appeals for relief, against the hardships of the Military 
Bill. This relief he considered it the duty of a just govern- 
ment to give. He remained in Boonville two weeks and 
then set out to run Jackson down, give him battle and com- 
pel him to surrender or drive him from the State. 

189. Government's Forces in Missouri. — Before 

leaving Boonville Lyon had been informed that Missouri 
had been detached from the Department of the West and 
added to the Department of the Ohio, commanded by Gen- 
eral George B. McClellan. General Blair at once set out 
for Washington to obtain a revocation of the order making 
this change. He did not succeed, but finally persuaded the 
Administration to organize Illinois and all the country west 
of the Mississippi to the Rocky Mountains into the Western 
Department under the command of General John C. Fre- 
mont who took control July 36 with headquarters at St. 
Louis. Colonel John D. Stevenson was placed in command 
of the Missouri from its mouth to Kansas City, given a suf- 
ficient force to garrison Jefferson City, Boonville and Lex- 
ington, and ordered to protect the loyal inhabitants of adja- 
cent counties, to disperse all gatherings of hostile men and 
prevent volunteers from crossing the river to Price. All the 
rest of the State north of the river was intrusted to Colonel 
Samuel Curtis, who had already occupied parts of it with 



3i8 



HISTORY OF MISSOUBL 



Iowa troops. Southeast Missouri was held by an ample 
force gathered at Cairo, Illinois, under General Prentiss. 
Then Lyon started for Springfield. He arrived within 
twelve miles of that place on July i3, and ''accompanied 
by a body-guard of ten stalwart troopers for his especial es- 
cort, he dashed through the streets of the city on his iron- 
grey horse, his bearded w^arriors being mounted on powerful 
chargers and armed to the teeth with great revolvers and 
massive swords." The next day he telegraphed to head- 
quarters that Governor Jackson was in that vicinity wnth not 
less than thirty thousand men, and asked for ten thousand 
additional troops. As a matter of fact Jackson had on the 
previous day left for Arkansas, and the entire combined 
force of Lyon's foes did not at any time amount to over fif- 
teen thousand men, armed and unarmed. 

190. Organization of Price's Army. — Lyon's two 

weeks delay at Boonville proved invaluable to Price. After 
the battle at Carthage he led his troops toward Cowskin 
Prairie, and there had a breathing spell, and began at once 
a systematic organization of his army and energetic prepa- 
rations for an active campaign. He had few arms or military 
supplies of any kind, and no money with which to procure 
them. But he needed no money to pay the men. They 
never expected any pay, had never been prom.ised any, but 
had volunteered their services to fight for the State and to 
help the Governor maintain its dignity and himself at its 
head as its rightful executive, as they believed. They were 
intelligent men ; such men imbued with the spirit and pur- 
poses which actuated them, can always devise munitions of 
war. Governor Jackson on leaving the capital had brought 
along a supply of powder. The lead was taken from the 
Granby mines near by. One of the officers. Major Thomas 
H. Price, devised from the trunks of large trees monster 
molds for buckshot and bullets. There were a few cannons 



r 



BOONVILLE, C ABTH AGE AND CO WSKIN PRAIRIE. 31^ 

in the army, but no ammunition for them, either. The way 
these were prepared is thus told by Lieutenant Barlow^, who 
was an officer of artillery: "One of Sigel's captured wag- 
ons furnished a few round shot; with these for a beginning, 
'an arsenal of construction' was established. The owner of 
a tinshop contributed canisters ; iron rods which a blacksmith 
gave and cut into small pieces made good slugs, and a bolt 
of flannel, with needles and thread, provided material for 
cartridge bags. A bayonet made a good candlestick, and 
at night the men went to work making cartridges and filling 
the bags from a barrel of powder placed some distance from 
the candle." The work of organizing and equipping the 
State Guard thus went on apace, and by the end of July it 
was ready to take the field with an effective force of five 
thousand men armed with hunting rifles, shotguns, a few 
cannons and a few army guns, while two thousand more 
unarmed men were waiting to pickup the guns of those who 
might be stricken in battle or by disease. 

Questions on Chapter XIV. 

1. What did Jackson do on his arrival at Jefferson City? (182) 

2. How did Price try to impede Lyon's movements? (182) 

3. What other preparations for a campaign were made? (182) 

4. Describe Lyon's movements. (183) 

5. Describe the battle of Boonville. (184) 

6. What is said of the importance of this fight? (184) 

7. Detail the incidents of the battle of Carthage. (t-^S) 

8. What other movements are mentioned? (186) 

9. Why did Governor Jackson leave the State? (187) 

10. Was this necessary to his fortunes? Why? (187) 

11. How far did he succeed? (187) 

12. What proclamation did Lyon issue? (188) 

13. What did he then do? (188) 

14. What is said about the arrangement of the Government's 

forces in Missouri? (189) 

15. What did Lyon at Springfield? (189) 

16. How did Price organize his army? (190) 



3 20 HISTOB r OF MISSO VBI. 



Topical Outline of Chapter XIV. 



On To Carthage 
AND Springfield, 



1. Collection of an Army by Price and Jackson. 

2. Lyon's Movements up the River. 

3. Battle at Boonville. 

4. Battle of Carthage. 

<J 5. Price Asks Aid of McCulloch. 

6. The Governor Leaves the State. 

7. Lyon at Boonville. 

8. Government's Forces in Missouri. 

9. Organization of Price's Army. 



CHAPTER XY. 

THE BATTLE OP WILSON'S CREEK. 
191. Forward Movements. — On the twenty-eighth 

and twenty-ninth of July General Price, with a force of five 
thousand armed and two thousand unarmed Missourians, 
General McCulloch with a brigade of three thousand, two 
hundred well armed men, and General Pearce with two 
thousand, five hundred Arkansas troops, in all nearly thirteen 
thousand men, began to unite their forces near Cassville, 
fifty-two miles southwest of Springfield. On the thirty-first 
they started for that city. Lyon learned of the movement 
next day, but was led to believe they were marching upon 
the city by separate routes. He determined therefore to 
attack them in detail and started the same day to meet the 
force advancing from Cassville. He went twenty-four miles 
in that direction, but being unable to learn anything about the 
army in front of him, which was, in fact, the entire forces of 
Pearce, Price and McCulloch, and fearful that they, with 
their larger force, would flank him and cut off all communi- 
cation with Springfield, on Monday, August 3, he returned 
thither. By this time McCulloch had pretty well lost con- 
fidence in "the undisciplined mob" of Missouri troops, and 



THE BATTLE OF WILSON'S CBEEE. 



321 



in order to pacify him General Price, who was a far abler 
general, yielded to him the chief command. McCulloch 
followed Lyon toward Springfield to Wilson's Creek, about 
nine miles southwest. Here he camped in a considerable 
valley, within reach of some ripening cornfields, which were 
to be the only subsistence of his army for the next day or 
two. Near the ford across this creek the valley was narrow, 
and toward the west was a hill gradually rising from the 
creek to a height of nearly one hundred feet, and covered 
with undergrowth and scrub-oak trees. This hill has since 
been known as "Bloody Hill," and here on Saturday, Au- 
gust 10, 1861, was fought the bloody battle of Wilson's 
Creek. 

General McCulloch still hesitated to move on Spring- 
field and attack Lyon. He delayed till Friday when Price, 
having heard that General Lyon was greatly perplexed, 
notified him that unless he moved at once he would resume 
command himself and make the fight with his forces alone. 
McCulloch yielded, and that night the combined troops were 
ordered to rest on their arms prepared to march at any 
moment. General Lyon, who had always overestimated the 
size of the armies in front of him, had received no assistance 
from General Fremont, who was now in charge of the 
Western Department. Two regiments had been ordered to 
him from Kansas and the Missouri river. But these could 
not reach him inside of two weeks. By that time the enlist- 
ments of one third of his men would expire, and as they had 
received no pay, he knew that they would not re-enlist but 
would return home. He believed it would be defeat to fight. 
Yet he knew to retreat was to turn over to Price all south- 
west Missouri, perhaps all the State except St. Louis, to lead 
thousands of volunteers to join Price's army, to discourage 
the Union cause and to re-establish Jackson as Governor. 
Defeat was better than this. He would hazard battle rather 

21 



^22 HISTOB Y OF MISSO URI. 

than retreat. Friday, August 9, he ordered Colonel Sigel 
to set out late in the afternoon with his entire force of one 
thousand two hundred men, turn the Confederate's right 
flank and attack them in the rear. He himself set out with 
four thousand two hundred men. About midnight he halted 
within two miles of Bloody Hill, and the next morning at 
dawn started for that point. At five o'clock he came in 
contact with the advance State forces under Hunter, which 
fell back over the brow of Bloody Hill. As they did so, 
Lyon opened on them with his cannon, and immediately 
Sigel, who had completely gained the Confederate right, 
responded with his guns upon the eastern outposts. McCul- 
loch hastened off to meet Sigel, and Price to engage Lyon. 
Price's and Lyon's forces formed within three hundred yards of 
each other, but the undergrowth kept them entirely concealed. 
Price deployed 3,100 men under Generals Clark, Parsons, 
and McBride along the eastern declivity; Lyon, leaving the 
rest of his men for reserve, took 1,900 of them and formed 
along the western side, his under officers being the afterward 
famous Generals Schofield, Totten, Siurgis, Granger, Elliott, 
and Osterhaus. Price waited for Lyon to make the attack. This 
he did soon after six o'clock. "Forward" rang along the lines 
and was plainly heard by both sides. Then followed the 
crackling of the brush through which Lyon's men were 
advancing, then the sharp click of a thousand rifles, the 
reply of a thousand shotguns and the roar of the cannon. 
The battle raged for five hours with desperate fury. "The 
lines approached again and again within less than fifty yards 
of each other, and then, after delivering a deadly fire, each 
would fall back a few paces to re-form and re~load, only to 
advance again to this strange battle in the woods." Fre- 
quently the deepest silence would fall upon the men after 
one of these charges. The two armies were grappling in a 
death struggle for Missouri. 



THE BATTLE OF WILSON'S CREEK. 333 

About nine o'clock Sigel had been completely routed 
with very little hard fighting and was in full retreat to 
Springfield. His men had taken instant flight on the dash- 
ing onslaught o± the third Louisiana regiment, which they 
took for Iowa friends. Throwing themselves into the brush, 
which lined both sides of the road, they became separated. 
Sigel and Salomon, with about two hundred Germans, and 
Can's company of cavalry, started for Springfield, but were 
suddenly set upon by Colonel Major, with some mounted 
Missourians and Texans. The Germans being abandoned 
by Carr, w^ere nearly all either killed, wounded, or captured. 
Sigel reached Springfield with only one man. 

The entire Confederate force, after the defeat of Sigel, 
was ordered to assist Price in his conflict with Lyon. Seeing 
all this army concentrating before him, Lyon determined to 
dash upon Price with all his might and crush him to the 
ground before these gathering forces could come to his relief. 
Then followed the hottest fight of the day. "The engage- 
ment at once became general and desperately fierce along the 
entire line. Price's men appearing in front, often in three or 
four ranks, lying down, kneeling and standing, and the lines 
often approaching within thirty or forty yards." Walking 
along in front of his men, now broken down by the long 
night-march and four hours' hard fighting, the intrepid Lyon 
encouraged them to make one more effort to win the day. 
Suddenly, his horse was shot from under him, and he him- 
self was wounded in the head and in the leg. He was 
stunned for the moment, and was heard to confusedly say he 
feared the day was lost. Then recovering himself, he mounted 
another horse and rode gallantly along the lines, waving his 
hat and urging his men to follow. The soldiers instantly 
closed around him, and together they dashed into the fight. 
The next moment a ball had pierced Lyon's breast and he 
was dead. The command fell on Major Sturgis, who ordered 



324 



BISTOBY OF MISSOUEI. 



retreat. The Union forces moved away in perfect order from 
the field for which they had fought so bravely and so ably. 

192. The Results of the Battle.— Of the 5,400 

Union men who took part in the fight 1,317 officers and men 
were killed, wounded or missing. The heaviest loss was by 
the first Missouri regiment of volunteers (Blair's old regi- 
ment) and Osterhaus' battalion which lost three hundred and 
fifty out of nine hundred and twenty-five men, or about 
thirty-seven per cent. General Lyon, every brigadier-gen- 
eral and every colonel engaged on Bloody Hill were either 
killed or wounded, so that the army was led off by a major. 
The total loss of the Confederate and State troops was 
1,230 killed and wounded, out of 10,000 men who in some 
way took part in the battle. The heaviest loss was among 
Churchill's Arkansas regiment which lost 197 men out of 
500, or thirty-nine per cent. Colonels Weightman, Cawthon 
and Ben Brown were killed ; Foster, Kelly and Burbridge 
were disabled ; Generals Slack, Clark and Price were 
wounded. The total number wounded, killed and missing 
on both sides was 2,547, or sixteen per cent. Of the 7,700 
men who took part in the battle on Bloody Hill, on both sides, 
1,880, or about twenty-five per cent, were killed or wounded. 
Old soldiers who took part in the battle have frequently cor- 
roborated each other in stating that on one acre of the field 
where the battle was fiercest, at least half the surface was 
covered with dead or dying men. 

193. The Dead. — Major Sturgis reached Springfield 
about five o'clock v/ith the rest of Lyon's army. In the 
afternoon he had sent an officer under a flag of truce to beg 
the body of General Lyon. After the great soldier had been 
killed his body was borne to the shade of a tree near by, and 
when retreat was ordered it was obeyed so hastily that the 
corpse was left behind. It was now conveyed to Springfield 



TEE BATTLE OF WILSON'S CEEEK. 325 

in General Price's own wagon, which he proffered for the 
purpose. The next morning the whole Union army con- 
tinued its retreat to Rolla, and in the confusion of starting, 
Lyon's body was again forgotten. Mrs. John S. Phelps, 
wife of the afterwards Governor, had it buried in Springfield. 
Soon afterwards it was disinterred and sent to Connecticut, 
his native State, and there finally buried. After the battle 
the Confederates remained on the field which they had won, 
and ministered to the wounded and buried the dead of both 
armies. Before sunset on that withering hot day, all those 
who had died for the Union and all those who had died for 
the State, and all those who had died for the South, had been 
laid side by side under the sod. 

194. The Retreat. — Lyon's army had been completely 
defeated. It was now at the mercy of Price and McCuUoch 
if they chose to pursue. It had an immense and richly-laden 
wagon train and other spoils valued at one million, five hun- 
dred thousand dollars. These it undertook to conduct safely 
to Rolla. Its adversaries had come out of the battle with 
six or eight thousand men who had scarcely fired a gun. 
Besides, the battle gave them plenty of arms and ammunition. 
They could also have had this immense army train, and 
thereby supplies for their army for months. But McCulloch 
refused to follow up the victory and take easy possession of 
the fruit which the rules of war made his. He was a Con- 
federate officer in command of a Confederate army. He 
had been stationed in Arkansas for the defense of Indian 
Territory. His duty was to defend, not to attack. Missouri 
was yet in the Union. He had no authority to attack a loyal 
State. He had repelled Lyon's intended invasion of Arkan- 
sas and Indian Territory, and having succeeded he now con- 
ceived it his duty to withdraw from Missouri. In vain did 
Price beg him to lead the forces against the retreating Union 
army. To have done so would have been to retake the State 



326 HISTORY OF MISSOURI. 

within sixty days. Price was unable to accomplish this 
movement with his forces alone, and before he could under- 
take it the Union army had increased to many times larger 
than his own. Sturgis made the trip to Rolla in peace. On 
the way he was joined by many fugitives, who with their 
wives and children, cattle and horses, wagons and household 
goods, were fleeing before the victorious army. On August 
17, he arrived at Rolla, one hundred and fifty miles north- 
east of Springfield. 

195. Distinguished Men. — It is worthy of note that 
at least seven of the officers who took part in the battle of 
Wilson's creek afterwards became major-generals in the 
Union army, among whom were Schofield, Stanley, Steele, 
Sigel, Granger, Osterhaus and Herron ; also that twelve of 
them became brigadier-generals, among whom were Sturgis, 
Carr, Plummer, Mitchell, Sweeney, Totten and Gilbert. 
Among the Missourians who rose to the rank of general, 
were Price, Parsons, Slack, Jo. Shelby, John B. Clark, Jr., 
Colton Green, and Francis M. Cockrell. 

Questions on Chapter XV. 

1. What were the Confederate and State forces at the close of 

July and who were in command? (191) 

2. What did Ljon hear and do? (191) 

3. How did McCulloch happen to be in command? (191) 

4. To what place did McCulloch follow Lyon? (191) 

5. In what embarrassed position was Lyon? (19O 

6. What would have been the result of retreat? (191) 

7. What movement did he and Sigel make? (191) 

8. Describe the arrangement of troops on both sides. (191) 

9. Describe the battle on Bloody Hill. (191) 

10. What success had Sigel had? (191) 

11. What further is said of the fight on Bloody Hill? (191) 

12. What were some of the results of the battle? (192) 

13. What was done with the dead? (193) 

14. What is said of the retreat? (194) 

15. What distinguished men took part in this battle? (195) 



THE LAST MONTHS OF 1861. 



327 



Topical Outline of Chapter XV. 



Battle of 
WiLsox's Creek. 



1. Movements of Both Armies. 

2. Strength of Both Armies. 

3. Location of Wilson's Creek. 

4. Ljon's Embarrassment. 

5. McCuUoch's Unwilh'ngness for Battle, 

6. The Battle on Bloody Hill. 

7. The Engagement with Sigel. 

8. Death of Lyon . 

9. Treatment of His Corpse. 

10. Results of the Battle. 

11. The Retreat and Escape. 

12. Distinguished Men. 



CHAPTEE XYI. 



THE LAST MONTHS OP 1861. 



196. Actions of the Convention. — The second 
meeting of the Convention, which, instead of dissolving 
after its March session, had only taken a recess to reconvene 
at the call of its executive committee, was begun in 
Jefferson City on July 23. Its former president, Ex- 
Governor Price, had accepted the position of major-general 
of the State troops, and his seat was declared vacant from 
that fact. General Robert Wilson, of Buchanan county, 
w^as elected president in his stead. The Convention then 
entered upon some extraordinary proceedings. On July 
30 it declared the office of Governor vacant and elected 
one of its own members, Hamilton R. Gamble, of St. Louis, 
Governor in Jackson's place. It declared the office of 
Lieutenant-Governor vacant and elected Willard P. Hall, of 
St. Joseph, in Mr. Reynolds' stead. It went further and 
declared the offices of the members of the Legislature vacant 
and agreed upon a time for electing their successors. Before 
that time had arrived the election was postponed, by subse- 
quent sessions, till November, 1862, and before an election 



328 



HISTOBT OF MISSOURI. 



was held at all, it passed laws prescribing that no person 
should be allowed to vote who did not indorse the actions of 
the Convention. It went still further and began to perform 
the duties of the General Assembly, and these duties it 
exercised for seventeen months before giving the people a 
chance to elect a new Governor in Jackson's place, or a new 
Legislature in place of the one whose powers it had assumed. 
These acts of the Convention have usually been excused on 
the ground of military necessity. That the great mass of 
the people quietly submitted to such a change, was positive 
proof that they realized the State was now in the midst of a 
great war, which required the exercise of new and extra- 
ordinary powers of the body which assumed to act for the 
State ; and whether they approved of the course of the 
Convention or not as being the best policy, it remains true 
that nearly all its members were conservative, loyal men, 
who at all times had in mind only to secure peace and keep 
the State in the Union. As soon as it was certain that the 
destiny of the State would be safely Union in the hands of 
a new Legislature, the Convention laid down its assumed 
powers and permitted the Legislature to exercise them as it 
had done in former days. 

197. Proclamations. — On August 3, 1861, Gov- 
ernor Gamble issued his first proclamation. He announced 
himself for the Union. He stated that many persons had 
joined Jackson's or Price's army under a sense of duty to 
State authority. He announced that they were under no 
such obligation; that the act of the Legislature by which 
the State Guard — the name by which Price's troops were 
known — was organized, had been set aside by the Conven- 
tion, and, therefore, was not binding on the people of the 
State. He commanded the State Guards to disband and 
return home, and the troops belonging to the Confederacy 
to depart from the State. He promised that all those 



THE LAST MONTHS OF 1861, 



329 



citizens in arms who would return to their allegiance to the 
Union and become loyal and peaceable, should have the 
Union's protection. On August 24 he issued another proc- 
lamation calling for thirty-two thousand men to enlist for 
six months "to protect the lives and property of the citizens 
of the State." On August 5 Governor Jackson, who had 
returned to the State, issued from New Madrid his proclama- 
tion which he called the "Declaration of Independence of 
the State of Missouri. " After reciting various usurpations 
and outrages by the Federal military and civil authorities 
against the people of Missouri, he declared "in their name, 
by their authority and on their behalf, the political connec- 
tion heretofore existing between said States and the people 
and Government of Missouri is, and ought to be, totally 
dissolved; and that the State of Missouri as a Sovereign, 
Free and Independent Republic, has full power to levy war, 
conclude peace, establish commerce, contract alliances and 
do all other acts and things which independent States may 
of right do." This proclamation w^as pretty generally 
laughed at. It was issued for the purpose of strengthening 
the secession cause in Missouri, but gave Jackson's enemies 
in the Convention and out of it an additional argument for 
their claim that Missouri could be kept in the Union only by 
an armed force to fight down all opposition. In November, 
General Price issued his proclamation, also, in which he 
said he was ardently "struggling, in behalf of a bleeding 
country, against the most causeless and cruel despotism 
known among civilized men," and asked for 50,000 new 
volunteers. Only a few thousands responded to this call. 

198. Fremont's Proclamation. — General Fremont, 

who was more of a cavalier than a soldier, busied himself in 
issuing his "emancipation proclamation," which was finally 
done on iVugust 30. He declared martial law throughout 
the whole State, suspended the civil courts and declared all 



330 HISTORY OF MISSOUEI. 

persons who should be taken with arms in their hands should 
be tried by a court-martial, and, if found guilty, should be 
shot. He further declared all property of every kind of all 
persons who had or would take up arms against the United 
States should be confiscated to the public use, and all their 
slaves set free. President Lincoln set aside all that part of 
this "proclamation" Vv'hich related to confiscation of prop- 
erty and liberation of slaves. 

199. Battle of Lexington. — After the battle of 

Wilson's Creek, General McCulloch withdrew to Indian 
Territory, General Pearce took his troops back to Arkansas, 
and General Price started north for the Missouri river. On 
the thirteenth of September his forces drew up in front of 
Lexington, and on the eighteenth began besieging the place. 
The Union troops were well intrenched behind good em^ 
bankrtients on Masonic College Hill, the present location 
of Central College for Young Ladies. General James A. 
Mulligan was in command with about one thousand and five 
hundred Missourians and an equal number of Illinois troops. 
General Price's men numbered about seven thousand fit for 
service. They made movable breastworks of bales of hemp, 
under shelter of which they approached within thirty yards 
of Mulligan's v/orks. The siege was kept up for fifty-two 
hours. Then Mulligan surrendered. According to General 
Price the fruits of this victory were three thousand pris- 
oners, five pieces of artillery, over three thousand stand of 
arms, seven hundred and fifty horses, about one hundred 
thousand" dollars worth of commissary stores and a large 
amount of other property. He also obtained the restoration 
of "nine hundred thousand dollars in money which had been 
taken from a bank in the city." Durmg the siege both 
armies underwent great hardships. When it first began, 
thousands of Price's troops, who had not slept or eaten for 
thirty-six hours, fought desperately all day. When Mulligan 



THE LAST MONTHS OF 1861. 



331 



surrendered, his men were entirely out of water, and all 
they had had during a great part of the siege had been obtained 
by catching the water of a slight rain in their blankets and 
then wringing them in buckets. 

200. Fremont and Hunter. — After the battle of 

Lexington, feeling keenly the loss of that important place 
and the previous death of General Lyon, Fremont took the 
field himself on the twenty-seventh of September with 
twenty thousand men well armed. Three days later Gen- 
eral Price abandoned Lexington, having held that place only 
a week, and started southward. Fremont, who had gone to 
Jefferson City expecting Price would attack him there, also 
turned southward, following almost the route previously 
traveled by Lyon. Several little squads of Confederates or 
State troops were run into along the march to Springfield, 
and some sharp skirmishing, but no hard-fought battle took 
place. When the Osage river was reached a rude bridge 
was constructed after a few days, and all the troops, now 
swelled to thirty thousand, crossed over and proceeded 
rapidly to Springfield where Price was supposed to be. On 
November 3, Fremont received notice that he had been 
relieved of command and replaced by General David 
Hunter, who was some distance in the rear. Nevertheless, 
one hundred and ten of his officers requested him to lead 
the forces against Price. He stated that unless Hunter came 
up by night he would do so. Hunter failed to come up. 
The whole army was preparing to move before dawn, but 
at midnight Hunter arrived, set Fremont's order aside, then 
fell back from Springfield and in five days was himself 
superseded by Halleck, who continued to fall back, and so 
186 1 closed with no more battles. 

201. The Secession Legislature. — While General 
Price was at Lexington Governor, Jackson issued a call from 



33^ 



HISTOny OF MISSOURI, 



that place for the General Assembly to meet on October 
21 at Neosho in the southwest corner of the State, where 
it could be under the shelter of Price's army. Just how 
many members were present is not known, for the records of 
its proceedings were lost. Perhaps not a quorum of either 

house. If this were true, 
its actions could not be 
binding upon the State. 
Yet it is true that it 
passed a secession act 
by which it declared Mis- 
souri withdrawn from the 
Union. It elected John 
B. Clark, Sr., and R. L. 
Y. Peyton to the Con- 
federate Senate at Rich- 
mond, Virginia, and 
eight other gentlemen 
to the House. For pur- 
poses of its own the Con- 
federacy chose to recog- 
nize these acts of the 
Legislature as legal, and 
admitted Missouri into the Confederacy. There can 
be no doubt that many of the people indorsed the action 
of this Legislature. In fact, ever since the attack on Camp 
Jackson, public sentiment had been growing for secession. 
But the Convention, which some months before this declared 
vacant the seats of the members of the Legislature, still 
exercised the duties of that body and was sustained by the 
strong hand of military power. In its subsequent dealings 
with the State, Congress chose to recognize the Convention 
as being the only power that could take Missouri out of the 
Union. Consequently the State never seceded. But after 




THOMAS C. REYNOLDS. 



THE LAST MONTHS OF 1861. 



333 



this "Secession Act" the organization of the State Guard 
ceased, and all those who "went south" and joined the Con- 
federate army were known as Confederates, although it was 
more than three months after this before any of them ever 
saw a Confederate flag. Soon after this Governor Jackson 
went south and remained out of the State most of the time 
till his death, which occurred at Little Rock, December 6, 
i86^. From that time on Thomas C. Reynolds, the Lieuten- 
ant-Governor, acted in Jackson's stead till the people elected 
Thos. C. Fletcher Governor, in 1864. Of course the power 
he exercised was limited, and was in dispute of the right of 
Gamble to act as Governor of the State. He appointed 
members to the Confederate Congress, both House and Sen- 
ate, and made a few other like appointments, but aside from 
this he was Governor only in name. 

Questions on Chapter XVI. 

1. When did the Convention again meet? (196) 

2. Whom did it elect President? (196) 

3. What did it do about the office of Governor? (196) 
4 What did it do as to all other offices? (196) 

5. W^hat powers did it assume? (196) 

6. On what ground have these acts usually been excused? (196) 

7. What proclamation did Gamble issue? (197) 

8. What did he command and promise? (197) 

9. What was his second proclamation? (197) 

10. What proclamation did Jackson issue? (197) 

11. What was Price's proclamation? (197) 

12. What was Fremont's remarkable proclamation? (198) 

13. What became of it? (198) 

14. Describe the battle of Lexington. (199) 

15. What is said of Fremont and Hunter? (200) 

16 W^here did the remnant of the Legislature convene? (201) 

17. What is said of it? (201) 

iS. Did Missouri secede? (201) 

19. Why not? (201) 

20. What were the troops now called? (201) 

21. What became of Jackson.? (201) 

22. What about Reynolds.? (201) 



334 



HIS TOBY OF MISSOURI. 



Topical Outline of Chapter XVI. 



Last Months 
OF 1861. 



Second meeting of the Convention, 
Convention makes State Officers. 
Performs Duties of Legislature. 

( J. Gamble. 

I -. 
Proclamations of <| 



3- 



Jackson. 

Price. 

Fremont. 



5. Battle of Lexington. 

6. Fremont Removed. 

7. The Secession Legislature. 



CHAPTER XYII. 



EVENTS IN 1862. 



202. Order No. 24. — The war had produced local 
disturbances in nearly every county in the State, and in some 
localities neither life nor property was safe. But in St. Louis 
everything was orderly and the Union forces there were in 
full control. For this reason many avowed supporters of 
the Union cause had taken refuge in the city. General Hal- 
leck, on December 12, issued "Order No. 24," making 
assessments on certain wealthy citizens of the city, who 
favored the cause of Governor Jackson or the Confederacy, 
by which they were required to contribute money for the 
support of these refugees. Some of these citizens refused to 
pay the assessments and their property was seized by force. 
Samuel Engler, a prominent merchant, did not approve of 
this summary way of taking away his property, and attempted 
to recover it by suit at law. For so doing he and his lawyer 
were arrested and lodged in a military prison. After this 
the assessments were generally paid. This method of rais- 
ing funds was repeated during the next few years by the vari- 



EVENTS IX 1862. 



335 



ous little commands stationed at different points in the State 
and great sums of money were thus obtained. 

203. Other Orders. — The Convention at. its third ses- 
sion in October had passed a law that no person should hold 
any civil office in the State who did not, within sixty days, 
take an oath to support the Union and the acts of the Con- 
vention. General Halleck issued an order extending- this 
law to include the Mercantile Library of St. Louis, all the 
officers of railroads in the State and all the professors in 
the State University, "which should not be used," he declared, 
"to teach treason or to instruct traitors." Any officer who 
refused to take this oath was replaced by one who did. The 
Provost Marshal also issued his order requiring a copy of all 
newspapers to be sent to him, that their loyalty might be 
inspected, and if any paper was not so sent it was sup- 
pressed. 

204. Battle of Pea Ridge. — General Halleck had 
wintered a large part of Fremont's army in and around 
Lebanon, Laclede county, under command of General 
Curtis, while General Price remained around Springfield. 
On February ii, 1S62, Curtis moved out upon Price who 
fell back towards Cassville, then across the State line into 
Arkansas, where he was joined by General McCulloch, and 
General Albert Pike w^ith a large number of Indians and 
white troops from Indian Territory. It was as Price's troops 
came in sight of McCulloch's men that they for the first time 
saw a Confederate flag — about the middle of February, 1863. 
These, added to Price's eight thousand Missourians, made 
a grand army of nearly twenty thousand men, and the whole 
was placed under the command of General Van Dorn, a 
courageous and daring officer. Curtis, with perhaps a less 
number of troops, followed Price at some distance and 
encamped near Pea Ridge, a little place only a few miles 



33^ 



HISTORY OF MISSOURI. 



over the line in Arkansas and about thirty miles from Cass- 
ville. Here, early in the morning of March 6, 1862, he was 
vigorously attacked by Van Dorn, and a bloody battle fol- 
low^ed, which was skillfully and desperately fought on both 
sides. It lasted for three days, with ever-changing fortunes 
to the opposing forces. At one time it seemed that the 
Union cause would win, then the opposition, then again the 
Union. On the third day victory perched on the Federal 
banner, and the Confederates retreated. The Union loss 
was one thousand, three hundred and fifty-one killed, 
wounded and missing. The Confederate loss was about the 
same. General McCulloch was killed, so was General 
Mcintosh and General W. Y. Slack, of Chillicothe, Mis- 
souri, and General Price was wounded in the arm. 

205. Price Joins the Confederacy. — One month 

after the battle of Pea Ridge General Price published an 
order in which he bade farewell to the State Guard. Shortly 
afterward he was transferred to the east side of the Mississ- 
ippi with about five thousand State troops who had followed 
him into the Confederacy, and from this time on they were 
known as Confederate troops. They were from time to time 
joined by other Missourians,but it is not likely that the num- 
ber ever exceeded ten thousand men. Of their subsequent 
career it is not proper here to speak. Suffice it to say that this 
band of men fought on till the ninth of April, 1S65, and on 
that day, the very one on which Lee surrendered, their num- 
ber now reduced to four hundred, they fired their last gun at 
Fort Blakely on the Gulf of Mexico. 

206. State Militia. — The State Convention, which 
held its third session in October, 1861, had also passed a 
Military Bill, not greatly unlike the Military Bill passed 
by the General Assembly in May, which had been urged 
by Lyon and the Convention as one cause for attacking 



EVENTS IN 1862. 



337 




Camp Jackson. This 
bill provided for the 
organization of the 
supporters of the Con- 
vention and the Union 
cause throughout the 
State, under the name of 
the "Missouri State 
Militia." Companies of 
these w^ere enlisted in 
nearly every county, and 
among the prominent 
officers thereof, who 
vs^ere then or have since 
been prominent citizens 
of the State, were Col. john f. philips. 

John F. Philips of Pettis, Colonel T. T. Crittenden of 
Johnson, Major A. W. Mullins of Linn, Colonel John F. 
Williams of Macon, and General Odon Guitar of Boone. 

207. Missourians in Opposing Companies. — 

Early in April General Halleck set out for Corinth, Mississ- 
ippi, and left General Schoiield in command in Missouri. 
Governor Gamble appointed him Brigadier-General of Mis- 
souri State Militia, with power to call as much of it into 
active service as might be required to put down all maraud- 
ers. Confederate companies for opposing these were also 
organized, and as a result most of the battles and skirmishes 
thereafter took place between these opposing companies of 
Missouri citizens. A few of the most important will be 
noticed. 

208. Porter, Poindexter, and Guitar. — Colonel 

Jo. C. Porter led a band of marauding secessionists in the 
northeastern part of the State. They were first attacked by 

22 



338 



HISTORY OF MISSOURI. 



Colonel H. S. Lipscomb, with four hundred and fifty State 
militia, in Schuyler county, early in July, 1863. Driven out 
of this county they passed rapidly into Scotland, Marion, and 
Warren counties, and on July twenty-second suddenly fell 
upon Major H. C. Caldwell (now United States Circuit 
Judge of the circuit of which Missouri is a part) at Florida, 
in Monroe county. Porter then turned south, and was 
met at Brown's Spring in Callaway county on July twenty- 
seventh by Colonel Guitar with about four hundred 
State militia, and Major Caldwell with a part of the 
third Iowa. The fighting was desperate, many were 
killed and wounded on each side, and Porter was defeated. 

Porter now retreated rap- 
idly to the north and near 
Kirksville was joined by 
J. A. Poindexter; and 
their combined forces of 
over one thousand, five 
hundred men made a 
stand in this town. They 
were attacked August 
sixth by General John H. 
McNeil, aided by "Mer- 
rill's Horse," and were 
terribly defeated, sustain- 
ing a loss of over two 
hundred killed, wounded, 
or captured. Among the 
prisoners were seventeen 
men who were charged 
with having taken up arms after being released upon their 
oath to bear allegiance to the Union. These were condemned 
to death and shot. The remnant of Porter's force retreated 
southward and was met at Comp ton's Ferry, on Grand river 




ODON GUITAR. 



EVENTS IN 1862, ^39 

in Carroll county, by Colonel Guitar, who, by attacking him 
while crossing the river, caused great confusion among his 
men and coinpletely broke up his band. Guitar also encoun- 
tered Poindexter on Yellow creek in Chariton county, and 
routed him completely. For these gallant achievements 
Governor Gamble promoted Guitar to the rank of Brigadier- 
General of Enrolled Missouri Militia. 

209. McNeil at Palmyra. — About the thne of his 
retreat and raid southward through Marion county three of 
Porter's men had captured Andrew Allsman, who had for- 
merly been a Union soldier, but, being too old to endure the 
active duties of the service, had returned home, and, being 
well acquainted in the county, was frequently called upon 
for information as to the loyalty of certain citizens and to 
accompany scouting parties in search of suspected persons. 
He had also needlessly busied himself as a tale-bearer to 
officers of the State militia and otherwise made himself odi- 
ous to the Confederate element. After his capture General 
John H. McNeil had published in the papers a notice to 
Porter that unless Allsman was returned within ten days, ten 
captured men, who he alleged had belonged to Porter's band 
and had violated their paroles, when in fact some of them 
had never been in arms, would be put to death. It was not 
then known whether Allsman had been killed or not, but as 
he never returned there can now be no doubt of it. At the end 
of the ten days the ten men, who were not responsible for the 
arrest or absence of Allsman, were taken from the Palmyra 
prison, put into wagons, each one seated on his coffin, and 
driven a half mile east of town. Then the coffins were re- 
moved and placed in a row a few feet apart, each of the men 
was made to kneel beside his coffin, and then thirty soldiers 
of the second Missouri State Militia were commanded to fire, 
and this terrible crime against humanity stood, and still 
stands, as a dark spot in American history. 



340 



HISTORY OF MISSOUBI. 



210. Disfranchisement and Soldiers at the Polls. 

The Convention elected on the eighteenth of February, 1861, 
had in June, 1863, passed a law that no person should vote 
who had been found in arms against the Government of the 
United States or the provisional government of Missouri 
since December 17, 1861, or "who had directly or indirectly 
given aid, comfort, or countenance to the enemies or oppos- 
ers thereof." The resolution was first introduced by Ex- 
Governor R. M. Stewart. It disqualified many men who 
had before this been voters. As to those who had actually 
taken up arms this measure worked no hardship while the 
war lasted, for they showed no desire to vote anyhow. But 
it disfranchised many persons whose only crime was that 
they were relatives or friends to those who had taken up 
arms. At the election held in the following November, the 
soldiers were at the polls with their guns. They were there 
to prevent any one from voting who was disqualified by the 
act of the Convention. Soldiers at the polls are always ob- 
jectionable to a people accustomed to governing themselves ; 
but in this case the objection was great, because they were 
there to aid in enforcing a law which prescribed a punish- 
ment for an offense which had been committed before the 
act was passed, and which disqualified almost as many more 
men as had ever taken up arms. But, at the election in 1863, 
the soldiers were required to vote in their camps, and this 
proved more satisfactory to the people. 

211. Emancipation Efforts. — None but Union men 
voted in 1862 ; hence none but Union men were elected. 
The only question which divided the voters was emancipa- 
tion of slaves ; whether they should be freed at once, or after 
ten or twelve years, or with or without pay to their owners, 
or whether they should be freed at all. County officers, 
members of Congress, and members of the Legislature were 
elected. The emancipationists were successful. They had 



EVENTS IN 186S. 



341 



a large majority in the House of Representatives of the Leg- 
islature, which met on the last Monday of December, but 
not two thirds of both houses. They could not, therefore, 
pass an emancipation act. The State Constitution stood in 
their way. It forbade the Legislature to free slaves except 
by paying full value for them before being freed. Such pay- 
ment could not well be made by a State already heavily in 
debt from the war. Emancipation could come through the 
Legislature, then, only by an amendment to the Constitu- 
tion. This could be made only by two thirds of all the mem- 
bers of each house in two successive Legislatures. This 
number of one Legislature were required to first vote for the 
amendment. Then it had to be published in all the papers 
in the State a year before a general election. If the next 
Legislature after such an election, by two thirds of each 
house should vote for the amendment, it became a part of 
the Constitution. This was too slow a process for the eman- 
cipationists. They had only a majority in the present Legis- 
lature. It was not known that they would have that in the 
next one. Emancipation would be delayed four years, per- 
haps longer. The Convention must be appealed to. It was 
thought it had unlimited power. If not, perhaps it would 
assume it. Governor Gamble was requested to call another 
session of the Convention. He did. It met in June, 1863. 

Questions on Chapter XVII. 

1. What was order No. 24? (202) 

2. How did Engler trj to escape it? (202) 

3. Did any one except Hallet try this method of raising money'? 

(202) 

4. What other orders are mentioned? (203) 

5. Describe the battle of Pea Ridge? (204) 

6. What did Price now do? (205) 

7. How many men followed him? (205) 

8. What is said of the State militia? (206) 

9. Mention some of the prominent officers. (206) 



342 



HISTORY OF MISSOURI. 



10. What is said of Missourians in opposing companies? (207) 

11. Recount the movements detailed in section 208. 

12. What is said about the killing of ten men at Palmyra? (209) 

13. For what were men disfranchised at the election in 1862? 
(210) 

14. What about soldiers at the polls? (210) 

15. What question divided the voters at the polls in 1862? (211) 
t6. Why could not the Legislature emancipate slaves? (211) 

17. How could the Constitution be amended? (211) 

18. To whom was an appeal made? (211) 

19. When was-the convention held? (211) 



Topical Outline of Chapter XVII. 



Events of 1862, 



1. Assessments on Private Citizens. 

r\ i.- /-v£c r !• By the Convention. 

2. Oustmg Officers. I ^^ Bj Halleck. 

3. Inspecting Newspapers. 

4. Battle of Pea Ridge. 

5. Price Joins the Confederacy. 

6. State Militia. 

7. Opposing Missourians. 

8. Porter, Caldwell, Poindexter, and Guitar. 

9. McNeil at Palmyra. 

10. Disfranchisement and Soldiers at the Polls. 

11. Efforts at Emancipation. 



CHAPTER XVIII. 



PRINCIPAL EVENTS OP 1863 AND 1864. 



212. The Convention Adjourns. — The last session 
of the Convention which began its first session March 4, 
1861, was held in June, 1863. An "ordinance" was passed 
declaring all slaves free after July 4, 1870, but all those over 
forty years old should remain under the control of, and be 
subject to, their owners for the rest of their lives ; those under 
twelve years, until they were twenty-three years old ; and 
those of all other ages until the fourth of July, 1876; but 



PRINCIPAL EVENTS OF 1863 AND 1864. 



343 



none were to be sold after July 4, 1870. The Convention 
also declared that all parts of the State Constitution in con- 
flict with this ordinance were void and ''hereby abrogated." 
It adjourned sine die July i, 1863. It will be seen hereafter 
that this ordinance, which the Convention had no authority 
to pass, and which was therefore void, was supplanted by 
another law before the time arrived for its enforcement. 

213. New Senators.— Trusten Polk and Waldo P. 
Johnson had been expelled from the United States Senate in 

1862, because of their se- 
cession sentiments and 
their aid to the secession 
movements. Robert 
Wilson of Andrew, and 
John B. Henderson of 
Pike, were appointed to 
the vacancies by Lieu- 
tenant-Governor Hall, in 
the absence of Governor 
Gamble. In Jan u a r y, 

1863, the General As- 
sembly elected Mr. Hen- 
derson to fill out the un- 
expired term of Polk, 
and then elected him to 
serve six years till March 
4, 1869, but elected 
none to fill out Mr. 
Johnson's term, which would terminate March 4, 1867, but 
in the following November it elected B. Gratz Brown for 
a term expiring March 4, 1867. Mr. Henderson gained 
national reputation in his vote for acquittal in the impeach- 
ment trial of President Johnson, and as the author of the 




JOHN B. HENDERSON. 



244 BISTORT OF MISSOURI. 

Thirteenth Amendment to the Constitution of the United 
States abolishing slavery. 

214. The Sacking of Lawrence. — That a rank 

growth of general freebooting should have sprung up along 
the border in both Missouri and Kansas v^as to be expected 
from the lawless state of affairs which has been recounted 
under the head of "Kansas Troubles." The war opened a 
wider field for spoliation. Early in the struggle appeared a 
band of "jayhawkers," known as "Red Legs," because they 
wore red morocco leggings. The band was originally de- 
voted to horse stealing, but became flexible enough to include 
rascals of every kind. At intervals the band would dash 
into Missouri, seize horses and cattle, commit other and 
worse outrages, then return with their booty to Lawrence 
and sell it at public auction. They did not hesitate to shoot 
people who objected to their acts or inquired into their 
doings. Mr. Spring, an honorable Kansas historian, says: 
"The gang contained men of the most desperate and har- 
dened character, and a full recital of their deeds would sound 
like a biography of devils." The people of Lawrence could 
not drive them out or put a stop to their maraudings, and so 
their course of robbery, rapine and murder went on. The 
depredations of these men, the campaign of Lane into Mis- 
souri some time before, and the troubles dating back to 1S54, 
led to the awful destruction of Lawrence on August 21, 
1863. Quantrill, who led the raid, once lived in Lawrence 
— "a dull, sullen, uninteresting knave" — and, just as the 
war began, was driven from the town to Missouri for some 
misbehavior. He now returned at the head of a band of 
Missouri bushrangers. They rode quietly into Kansas, 
traveled forty miles the night before the massacre and reached 
Lawrence at daybreak, one hundred and seventy-five strong. 
Armed with revolvers, they were commanded to "kill every 
man and burn every house." With a wild cry, like that of 



PRINCIPAL EVENTS OF 1863 AND 1864. 345 

savage Indians, they dashed through the sleeping and de- 
fenseless town, killing men indiscriminately, but especially 
butchering all Red Legs to be found. In the meantime they 
shouted — "We are here for revenge, and we have got it!" 
Stores, banks, hotels, and dwellings they rifled and then set 
them on fire, and of the dead one hundred and eighty-three 
were counted ; and from this sickening scene — the town in 
flames, the principal streets lined with corpses, many of them 
charred and blackened — the guerrillas galloped away, easily 
evading Major (late Senator) Plumb with two hundred and 
fifty Union troops, whom they passed on the way and escaped. 
"Order No. 11" was four days later issued for the purpose 
of taking reprisals for this raid on Lawrence, and making it 
impossible for such men to live in border counties. 

215. Order No. 11. — On August 25, 1863, General 
Thomas Ewing, of the Eleventh Kansas Infantry Volun- 
teers, issued from his headquarters at Kansas City an order 
which has become famous as "Order No. 11," and which 
shows the biting misery the people then had to endure on 
account of the fratricidal war which was being carried on, 
not by great generals and brave soldiers in open and honora- 
ble battle, but by roving bands of guerrillas of both armies, 
whose purpose was to murder, rob, and despoil, almost 
as much as to maintain the authority of the Union or estab- 
lish the authority of the Confederacy. Order No. 11 
commanded all persons then living in the counties of Cass, 
Jackson, and Bates, except those living in the principal 
towns, to remove from their places of abode within fifteen 
days. All persons who could show to the nearest mili- 
tary commander that they were loyal citizens, were per- 
mitted to move to the military stations or to Kansas. All 
other persons were to move entirely out of these counties. 
Their grain and hay v^ere to be taken to the nearest military 
station, v^here the owners were granted certificates showing 



346 MISTOB Y OF MISSO URI. 

their value, and all produce not so delivered was to be de- 
stroyed. The military commanders were directed to see this 
order promptly obeyed, and they did so with dire earnest- 
ness. The whole district soon presented a scene of desola- 
tion rarely equaled. Cass was almost wholly depopulated. 
Of its ten thousand inhabitants only about six hundred 
remained in the county, and these were gathered at the mili- 
tary stations of Harrisonville and Pleasant Hill. There was 
also an immense destruction of property. Immediately after 
the close of the war it was estimated that at least one third of 
the houses had been burned and one half of the farms laid 
waste. In Bates results were still worse. Within fifteen 
days nearly every inhabitant had crossed its border, and for 
three years its history was a blank. During these years the 
prairie fires swept over the land, adding to the desolation, 
and when, in 1866, the older inhabitants returned, not a 
vestige of their old homes was left save the blackened chim- 
neys rising above the rank weeds. From these reasons these 
counties were, for a score of years, known as "The Burnt 
District." A member of General Ewing's staff was Colo- 
nel George C. Bingham, who opposed the issuing of this 
order, and begged Ewing not to issue it. When Ewing per- 
sisted, he became defiant and told him if he did so he would 
make him "infamous." Being one of the finest artists in the 
State, after the war closed he painted "Order No. 11." 
The painting became very celebrated, was copied, and can 
to this day be found in some Missouri homes. But as soil 
can not be destroyed, after the unhappy conflict had closed, 
many old soldiers from either army settled in these counties, 
and to-day they are among the most prosperous in the State. 

216. Radicals and Conservatives. — The campaign 

in the fall of 1863 excited much interest. Those who ap- 
proved of the Convention's ordinance emancipating slaves, 
who supported the administration of Governor Gamble and 



PRINCIPAL EVENTS OF 1863 AND 1864, 



347 



the actions of the Convention, and opposed Order No. ii, 
and other kindred acts, were called Conservatives. Those 
w^ho favored the freeing of the slaves at once, w^ho wanted 
all the management of the war, together with the State and 
Enrolled Militia, turned over to the national Government, 
who opposed the administration of Governor Gamble, and 
who favored more rigid election laws, were called Radicals. 
Much interest was taken in this campaign. The Conserva- 
tives were successful, electing their three judges of the 
Supreme Court by a majority of only a few hundred out of 
a total vote of ninety-three thousand, seven hundred and 
seventy-seven. 

217. Price's Raid. — In January, 1864, General Rose- 
crans had succeeded to the command of the Western Depart- 
ment. The first formidable force he was called upon to 
resist was General Price, who, since the battle of Pea Ridge, 
had been in Arkansas and the South. Early in September 
Price started upon a bold dash through the State, which has 
been known as "Price's Raid." He entered southeastern 
Missouri with a large force. At Pilot Knob he met General 
H. S. Ewing with twelve hundred men, who gallantly held his 
position for a time, then spiked his guns, blew up his maga- 
zine, and retreated to Rolla to join his forces with General 
McNeil's. His loss had been about ten men, while Price's 
had been several times that number. The Union forces 
from every part of the State were now concentrated at 
Jefferson City to defend the capital, and the whole was in 
command of General Brown, ably re-enforced by General 
Clinton B. Fisk from north of the river, and General 
McNeil from Rolla. Price moved rapidly in that direction, 
burning the bridges behind him so as to impede pursuit. 
On October 5 he met the outposts of the Union army at the 
Osage river, under command of Major A. W. Mullins and 
Colonel John F. Philips. They gradually fell back with 



348 



HIS TOBY OF MISSOURI. 



slight skirmishing as he approached. Price soon found the 
capital well intrenched, and a large army prepared to resist 
any attack. He therefore moved onward towards Boonville 
and Lexington, hotly pursued by General A. J. Smith. 
Soon a very heavy Union force, under command of General 
Pleasonton, was in pursuit of Price, whose army was now 
being rapidly increased by recruits. In Saline county he 
sent General Jo. Shelby and General John B. Clark, Jr., to 
attack Glasgow, on the opposite side of the river in Howard 
county, which they easily captured. At Little Blue creek in 
Jackson county. Price encountered General Curtis, and a 
sharp contest for a few hours was waged, when Curtis fell 
back. But on the twentieth his forces were defeated at 
Independence by Pleasonton. Price had been disappointed 
in the small number of recruits he had gathered. The 
number had not been over six thousand and the raid had 
accomplished nothing, and so he hastily retreated to 
Arkansas, his troops on the way undergoing the greatest 
hardships for lack of food and water. He entered the State 
no more till the war was ended. During the raid Price had 
marched one thousand, four hundred and thirty-four miles, 
and fought forty-three battles and skirmishes. 

218. The Oentralia Massacre. — On September 27, 

1864, a band of over two hundred murderous outlaws, under 
the command of the notorious guerrilla chief, Bill Anderson, 
made a dash upon Centralia, a small town upon the Wabash 
railroad in the northern part of Boone county. They first 
employed themselves in robbing the stores of their goods 
and private citizens of their money, and when the train 
arrived from St. Louis they robbed the passengers of their 
money and jewelry. On board the train were twenty-three 
Federal soldiers. These surrendered, but were taken to 
the edge of the town and shot, while begging for their lives. 
Such was what is known as the "Centralia Massacre." 



PRINCIPAL EVENTS OF 1863 AND 1864. ^Aq 

Then they returned, set fire to the train, and set it in motion 
to run at its will, and the whole was burned. Later in the 
same day the guerrillas were attacked by Major Johnson, who 
was in the neighborhood, with one hundred and fifty militia. 
The lines of battle were drawn up just at the edge of town. 
Anderson's followers dashed with tremendous ferocity upon 
Johnson's force, and sixty-eight of them were killed at the 
first fire, so accurate was the marksmanship of the guerrillas. 
Johnson's men fled in every direction, but were overtaken, 
and seventy-three of them were killed and robbed. The 
guerrillas had only two killed. Anderson, after this massa- 
cre, began burning the towns and bridges and depots along 
the railroad, and a month later was met in Ray county by 
Colonel S. P. Cox, with a company of Enrolled Militia from 
Caldwell and Daviess counties, and killed. 

219. Other Engagements. — It would be a mistake 

to suppose because Price was outside the State during the 
greater part of the war, that therefore there was peace and 
order. The important battles have been mentioned, but 
this was not all the war nor the greater part of it. Accord- 
ing to the official records, between the time of the capture 
of the Government arsenal at Liberty, on April 20, 1861, 
and the twentieth of November, 1S63 — a period of nineteen 
months — over three hundred battles and skirmishes had 
been fought within the State. During the next two years it 
is estimated there were one hundred and fifty more, but they 
were relatively more destructive of life. So here is a total 
of four hundred and fifty battles and skirmishes for the entire 
war, an average of four for every county in the State. North 
of the river these engagements were mostly between the 
State or Enrolled Militia, and regularly enlisted Con- 
federates who were attempting to make their way south to 
join the regular army. It was to prevent them in this 
attempt that these skirmishes were fought. But, never- 



350 



HISTORY OF MISSOURI. 



theless, many of them "went south," as it was then de- 
scribed, and fought on till peace was established. Most of 
them went after the battle of Pea Ridge, from which time 
the State was practically under the control of the Union 
authorities, and no Confederate army of any consequence 
was in the State till the time of Price's raid, nearly two 
years and a half afterwards. 

220. The Number of Soldiers.— But the number 

of these men that "went south" was not as large by far as is 
usually supposed. The entire number that enlisted during 
the last three years of the war was less than twenty thousand. 
Add to these the ten thousand who had joined Price east 
of the Mississippi, and ten thousand for those who either* 
returned home after the battle of Pea Ridge, or had prior to 
that time served as State Guards, and the number is swelled 
to the grand total of forty thousand men, which will include 
all the soldiers that Missouri furnished to Jackson and the 
Confederate service. But the number of Union enlistments 
reached the magnificent array of one hundred and nine thou- 
sand,- one hundred and eleven men, which was thirty-three 
thousand more than the number furnished by Iowa, eighty- 
nine thousand more than by Kansas, and three fourths as 
many as by Massachusetts, and is an undeniable answer to 
all assertions that Missouri was ever disloyal to the Union. 
Of these one hundred and nine thousand, one hundred and 
eleven, eight thousand were negroes who had formerly been 
slaves. The Provisional Government had been so successful 
in managing the affairs of the State that it established order 
over a great part of it, and answered every call made by the 
national authorities upon Missouri for men without a draft 
and with a small expenditure of money. The number of 
Union soldiers was forty-seven per cent of the entire number 
of men of military age, and the number furnished both 
armies w^as sixty-four per cent of those subject to military 



PEINCIPAL EVENTS OF JS63 AND 1864. 



• 351 



duty. These figures become more instructive when it is 
remembered that in i860 Mr. Lincoln obtained only ten per 
cent of the State's vote. 




HAMILTON R. GAMBLE. 



221. Hamilton R. Gamble. — Governor Gamble hav- 
ing died on January 31, 1S64, aged sixty-six, Lieutenant- 
Governor Willard P. Hall became Governor. Hamilton R. 



352 



HISTORY OF MISSOURI. 



Gamble was born in Virginia, in 1798, and was of Irish 
descent. He was educated at Hampden-Sidney College. 
Before he was of age he was admitted to the bar in three States. 
In 1S18 he moved to Franklin, Howard county, and was 
shortly afterward appointed prosecuting attorney. At that 
time the territory of Howard embraced nearly one third of 
the present State. In 1824, Governor Bates appointed him 
Secretary of State, which required him to move to St. Charles, 
the then capital. Soon afterward, on the death of Bates, he 
settled in St. Louis, and made that his home till his death. 
After he took up his home there he soon established a repu- 
tation as a great lawyer, and from that time on was connected 
with almost every important suit pending in the St. Louis 
courts — followed them to the Supreme Court of the United 
States, argued them in person and obtained a high reputation 
as a jurist. In 1846 he was a member of the Legislature. 
In 1852 he became Chief Justice of the Supreme Court, 
and served for three years, being at the time a Whig. When 
the important question of secession was submitted to the peo- 
ple, he earnestly and ably espoused the cause of the Union, 
and was elected without opposition to the Convention which 
was to decide Missouri's course during the war, and was 
made chairman of the committee on Federal relations, and 
wrote the report against secession which was adopted. When 
Claiborne Jackson was deposed as Governor, Mr. Gamble 
was elected to the office of Provisional Governor by the Con- 
vention. He assumed the duties of Governor August i, 
1861, and exercised them till his death. He was chosen for 
only one year, but by a vote of the Convention, in June, 1862, 
he was to continue in office till after the election in Novem- 
ber, 1864. His powers as Governor were great, but he 
exercised them with a steadfast purpose to restore peace. 

222. Willard P. Hall.— Willard P. Hall was born at 
Harper's Ferry, Virginia, in 1820, and was of New England 



PRINCIPAL EVENTS OF 1863 AND 1864. 



353 



stock. He graduated at Yale College at the age o£ nineteen, 
at twenty-one he was admitted to the bar at Huntsville, Mis- 
souri, settled in St. Joseph in 1843, and gave such evidence 
of his ability that the next year Governor Reynolds appointed 
him circuit attorney. In 1844. he was Presidential elector 
on the Democratic ticket and carried the vote of his State, 
which had been cast for James K. Polk, to Washington. The 
next year he joined Doniphan's regiment for service in the 
Mexican War. General Kearney detailed him to draft a 
code of laws for New Mexico, which he did, and so success- 
fully, that much of it has remained the law of that Territory 
to this day. In 1847 he went to Congress, and was a mem- 
ber of that body for six years. He then resumed the practice 
of law and the manage- 
ment of his large farm 
near St. Joseph, and 
gained the reputation of 
being one of Missouri's 
greatest lawyers. He was 
elected to the Convention 
in 1861 and became one 
of its prominent mem- 
bers against secession. 
When Thomas C. Rey- 
nolds was deposed as 
Lieutenant-Governor, he 
was elected by the Con- 
vention in his stead, and 
when Mr. Gamble died 
he became Governor, and 
served as such about one 
year. 

23 




WILLARD P. HALL. 



354 



HISTORY OF MISSOURI. 



Questions on Chapter XVIII. 



9- 

lO. 

II. 

12. 

13- 
14. 

15- 
16. 

17- 
18. 
19. 
20. 

21. 
22. 

23- 

24. 

25- 



When did the Gamble Convention hold its last session? (212) 
What action in reference to slavery did it take? (212) 
Had it any authority to pass such an ordinance? (212) 
What caused two vacancies in the U. S. Senatorship this year? 

(213) 
Who were appointed and elected? (213). 
What is said about the Red Legs? (214) 
What is said of Quantrill? (214) 
And of the sacking of Lawrence? (214) 
What counter movement did General Ewing make? (215) 
What was order No. 11? (215) 
What were its effects? (215) 

What is said of Bingham and his picture? (215) 
What were the issues in the campaign of 1863? (216) 
Describe Price's raid. (217) 
What was accomplished by it? (217) 
What is said of the Centralia Massacre? (218) 
And of the subsequent fight near Centralia? (219) 
What is said of the other engagements? (219) 
How many in all? (219) 

How many Missourians in the State Guard and in the Confed- 
eracy? (220) 
How do you arrive at this? (220) 
How many on the Union side? (220) 
What percentage of the population? (220) 
Give sketch of life of Gamble. (221) 
Give sketch of life of Willard P. Hall. (222) 



Topical Outline of Chapter XVIII. 



Principal Events 

OF 1863 AND 1864. 



1. Convention's Emancipation Ordinance. 

( I. Wilson. 

2. New Senators. < 2. Henderson. 

[3. Brown. 

r I. Red Legs. 

3. Sacking of Lawrence. < 2. Quantrill. 

[ 3. Results. 

1. Cause. 

2. Terms. 
, ^. Effects. 
(4. Picture. 

5. Radicals and Conservatives. 

6. Price's Raid. 

7. Centralia Massacre. 

8. Number of Engagements. 

9. Number of Soldiers. 

10. Hamilton R. Gamble. 

11. Willard P. Hall. 



{ 4. Order No. 11. 



CHAPTER XIX. 



THE ADMINISTRATION OP GOVERNOR 
FLETCHER. 

223. Thomas C Fletcher became Governor January 
2, 1865, and served till 1869. He was the first Republican, 
the first native-born, and the youngest. Governor of Missouri 
up to that time. He received seventy-one thousand, five 
hundred and thirty-one votes, and his Democratic opponent, 
Thomas L. Price, received thirty thousand, four hundred 
and six. He w^as born in Jefferson county, January 23, 
1827, and in early life received a limited education. This 
defect he remedied by hard and persistent study while serv- 
ing as deputy clerk of the courts of his county. Afterwards 
he was elected clerk of these courts, and in 1856 was 
admitted to the bar. In 
i860 he advocated the elec- 
tion of Mr. Lincoln, and 
soon afterwards warmly in- 
dorsed the course of Lyon 
and Blair. He recruited 
the thirty-first Missouri 
regiment of infantry and 
was made its colonel; was 
wounded and captured, and 
in 1864 was nominated for 
Governor while serving as 
brigadier-general under 
Sherman, in Georgia. He 
opposed the wholesale dis- 
franchisement of the Drake thos. c. fletcher. 

(355) 




35^ 



EISTOBT OF MISSOURI. 



Constitution and did what he could to have it repealed ; but 
while it remained the law he enforced it with firmness and 
vigor. He has never held office since being Governor. 

224. The Constitution of 1865.— The General 

Assembly had submitted to the people, at the election in 
1864, a proposition for a Convention to amend the Constitu- 
tion. It was voted to have the Convention by a majority of 
twenty-nine thousand, and sixty-six delegates were elected 
thereto. It met in the Mercantile Library hall in vSt. Louis, 
in January, 1865, and elected Arnold Krekel president and 
Charles Drake vice-president. It in time adopted a Consti- 
tution which never had a parallel in America for its rigid 
severity. It became known in history as the "Drake Con- 
stitution," because Charles D. Drake was the leading spirit 
in the Convention, and from this fact and its extreme severity, 
has been called the "Draconian Code," in comparison to 
the laws of Draco of Greece, which affixed the penalty of 
death alike to petty thefts and murder, Draco justifying them 
by saying small offenses deserved death, and he knew no 
greater punishment for great ones. 

225. Manumission Day. — The Convention, on 
January 11, 1865, passed an ordinance which declared that 
"hereafter in this State there shall neither be slavery nor 
involuntary servitude, except in punishment of crime whereof 
the party shall have been duly convicted, and all persons 
held to service or labor as slaves are hereby declared free." 
This ordinance received an overwhelming majority on final 
passage, sixty delegates voting for it and only four against it. 
The Convention refused to submit this ordinance to the 
people by a vote of forty-four to four, and Governor Fletcher 
the next day issued his proclamation that "henceforth and 
forever no person shall be subject to any abridgment of 
liberty, except such as the law shall prescribe for the common 



THE ADMINIStKATION OF FLETCHER. 



357 



good, or know any master but God." An^effort was also 
made in the Convention to "pay loyal owners for their 
- slaves," but this, too, failed by a vote of forty-four to four. 
This ordinance was passed January ii, 1S65, and for that 
reason this day has since been known as Manumission Day. 
But for a number of years there had practically been no 
slavery in Missouri, the slave owners making little or no 
efforts to restrain their slaves. There had been one hundred 
and fourteen thousand, nine hundred and thirty-one of them 
in 1S60, and by this time many thousands had either gone off 
to other States or enlisted in the army. 

226. The Test Oath. — The action of the Convention 
in passing the Manumission Act was not objected to by the 
people, although the 
Convention had no au- 
thority to declare it to 
be in force until it had 
been either adopted by 
two successive legisla- 
tures or approved by the 
votes of the people. 
However, had the Con- 
vention stopped at this, 
no one would have 
thought of calling its 
declarations the "Dra- 
conian Code." But it 
went further and pre- 
scribed a "test oath," charles d. drake. 
which prevented at least one third of the people from voting 
till 1872, and almost as many more would have been dis- 
franchised had they sworn strictly to the truth when they 
came to take that oath. This test oath declared that no per- 
son should vote or hold any kind of office, who had "ever" 




358 HIS TOE Y OF MISSO UBL 

engaged in hostilities, or given aid, comfort, countenance or 
support to persons engaged in hostilities, against the Gov- 
ernment of the United States; or had given money, goods, 
letters, or information to its enemies, or by act or word man- 
ifested his adherence to the cause of such enemies, or his 
sympathy with those engaged in carrying on rebellion ; or 
had ever been in anywise connected w^th any society 
unfriendly to such Government ; or had ever knowingly 
harbored, aided or countenanced any person engaged in 
guerrilla warfare; or had ever done any act to prevent 
being enrolled in the military service of the Union or the 
State. Any person who had done any of these things, or 
any other thing like them, could not vote, teach in any public 
or private school, practice law, preach the Gospel, "or be 
competent as a minister of any religious denomination, tc 
preach, teach, or solemnize marriage, unless such person 
shall have first taken said oath." It did not only require 
allegiance and loyalty to the Union from that time on, which 
would have been a just and wise provision, but it applied to 
all men who had ever borne arms against the United States, 
or had sympathized at any time with those who did takf up 
arms, or had done them acts of common kindness, or had 
refused to bear arms for the national Government. All citi- 
zens attempting to teach or preach without taking this oath 
were to be fined not less than five hundred dollars, or com- 
mitted to prison not less than six months, or both ; and if 
they falsely took it, they were to be tried for perjury and 
punished by imprisonment in the penitentiary. 

227. A Retrospective Law. — An effort was made 
m the Convention to change the words "has ever" been 
guilty of the things recited as offenses in the oath, to "who 
has since December 17, 1861," been guilty of them. This 
was done for a very just reason. On August 3, 1861, Gov- 
ernor Gamble issued a proclamation in which he promised 



TBE ABMINISTBATION OF FLETCHER. 



359 



that all citizens in arms who would return to their homes, 
and become peaceable and loyal, should not be molested. 
This proclamation was indorsed (i) by President Lincoln, 
who promised to such persons the protection of the national 
Government. (2) The Convention of 1861 had, in October 
of that year, promised that all persons who would obey this 
proclamation and take the oath of allegiance to the Govern- 
ment before December 17, 1861, should not be punished 
"for offenses previously committed." Many citizens in the 
State had thereupon taken this oath of allegiance. Others 
had returned from Jackson's support and become loyal citi- 
zens. It was but just that good faith should be kept with 
these men, and that the "test oath" should not be made to 
apply to them. But the Convention thought otherwise. The 
iron-clad oath was made to apply alike to all time, past and 
future. 

228. Ousting the Officers. — The Convention, on 
March 17, 1865, passed an ordinance vacating the offices of 
the judges of the Supreme Court and of all the Circuit Courts 
and all the county offices. The ordinance was to take effect 
May I, and was never submitted to the people. It gave the 
Governor the power to fill all these offices by appointment. 
Many of the terms of the officers, all of whom had been 
elected by the people, had not expired, notably those of the 
Supreme Judges. They had been elected for a term of six 
years, and had served not more than fifteen months. The 
reason assigned for this wholesale removal was that only 
loyal men should be in office. This was delusive, for Gov- 
ernor Hall in his last message on the twenty-ninth of Decem- 
ber previous, had announced that "all of the civil offices of, 
the State are filled with men of avowed loyalty." The real 
reason was to get rid of the Supreme Court judges. But 
there were great obstacles in the way of their removal. It 



360 EISTOBY OF MISSOUBL 

was not yet sure that the people would adopt. the new Con- 
stitution. To submit the question of removal to them along 
with the Constitution might result in the defeat of both ; the 
people would see no use in turning out officers elected only 
a short time before. By the old Constitution, which was the 
supreme law until replaced by a new one, they could be 
removed only by the Legislature, which would not meet till 
January. By that time the Supreme Court might set aside 
the test oath and other portions of \ihe Constitution. That 
method was too slow. The power of removal had not been 
granted to the Convention when the people elected their dele- 
gates. It could be assumed only in violation of the old 
Constitution, which had been in effect since 1820. It was 
assumed, and with one fell sweep the offices of all judges 
and all county offices were vacated. 

229. Defeat Forestalled.— The Convention agreed 
to submit their Constitution to the people for indorsement. 
But to make sure that it would not be rejected, they also 
passed an "ordinance" declaring that no one should vote for 
or against it who would not first take the test oath. In order 
to be sure that none took the oath falsely, a system of regis- 
tration of voters was provided for. The registering officer 
was given the power to pass upon the qualifications of all 
persons to vote, and if he deemed any of them could not 
truthfully take this oath, he refused to enter their names upon 
the poll books. Yet, after these extreme precautions, the 
Constitution was adopted by the people by a majority of only 
about 1,800 out of a total vote of 85,000, which was 55,000 
less votes than were cast for and against having the Con- 
vention the previous November. The election was held June 
6, 1865. 

230. Enforcing the Ousting Ordinance. — The 

American people have always been quick to resent any 



TRE ADMINISTRATION OF FLETCHER. 



361 



interference by a legislative body with the judiciary, espe- 
cially when it partakes of partisan politics. This "ousting 
ordinance" was no exception to the rule. It gave great 
offense to a large number of persons, and assisted in driving 
them to the side of the reactionary current of feeling then 
rapidly setting in. The enforcement of the law against the 
Supreme Judges was resisted by tw^o of the judges, W. V. 
N. Bay and J. D. S. Dryden. Judge Bates had resigned. 
Soon- after the ordinance was passed Governor Fletcher 
appointed David Wagner, Nathaniel Holmes and W. L. 
Lovelace Supreme Judges. Judges Bay and Dryden 
declared the law without proper authority and refused to 
vacate. Governor Fletcher, therefore, directed the police of 
St. Louis to arrest them and forcibly eject them from the 
court. This w^as done, and they were taken before a crimi- 
nal court of the city for disturbing the peace, and never after- 
wards attempted to resume their offices. 

231. The Results of the Draconian Code.— A 

most violent proscription followed the enforcement of this 
"test oath." "Tens of thousands of old and honored citi- 
zens, men of education and influence, who had taken no part 
in the war, were denied the right to vote, and that, too, on 
the adoption of an organic law which was to govern them 
and their children after them." But, hard as this was, it is 
not to be compared to the further penalty of the law which 
forbade them to preach, teach, practice law or follow other 
simple employments. Their only remaining rights seemed 
to be, as they w^ere plainly told, "to pay taxes, work the 
roads and hold their peace." In St. Louis, Francis Preston 
Blair — whose patriotism is a nation's pride, and who had 
done more than any other man to keep Missouri in the Union 
— was denied the privilege of voting because he refused to 
take the test oath. He filed an oath that he had been loyal 



363 



HISTORY OF MISSOURI. 



ever since the adoption of the Constitution, and he would 
full and true allegiance bear to the State and national Gov- 
ernments thereafter; but claimed the judges of election had 
no right to inquire as to his conduct prior to the time the 
Constitution w^as adopted. He brought suit in the Supreme 
Court to compel the election officers to receive his ballot. 
It decided against him. 

The Missouri Baptists at their annual State meeting, 
fifty delegates being present, agreed to decline to take the 
oath, even if they had to give up preaching to do so. They 
declared it interfered with religious liberty, with freedom of 
the worship of God and was contrary to the Federal Consti- 
tution. The Catholic archbishop informed the clergy they 
could not take the oath without a surrender of religious lib- 
erty. Some men, who believed the dictates of conscience 
more binding upon them than this "code," undertook to 
preach the Gospel anyhow. For doing so they were indicted 
as criminals. Fourteen ministers were indicted at Palmyra 
at a single session of the Circuit Court. At other places men 
were indicted 104 times a year for no greater crime than 
preaching the glad message of salvation; a much greater 
number were indicted a less number of times ; a few were 
consigned to the common jail. These were not bad and 
quarrelsome men, but as good, able and peaceable as could 
be found in the State, and clergymen of both Protestant and 
Catholic churches. In Cape Girardeau county three Sisters 
of Charity were dragged into court and tried for teaching 
without having taken this iron-clad oath, but the jury refused 
to convict them. At Louisiana, the Rev. J. A. Cummings, 
a priest in the Catholic church, was convicted in the Circuit 
Court. His crime was teaching and preaching without hav- 
ing taken the oath referred to. There was no evidence that 
Mr. Cummings had been guilty of any act of disloyalty, or 
that he had at any time a disloyal thought or sympathy. He 



THE ADMINISTRATION OF FLETCHER. 363 

was not so charged. He was charged only^dth preaching 
and teaching without having taken the oath, which had he 
taken , falsely, however loyal he was then and thereafter, 
would have made him liable to imprisonment in- the peniten- 
tiary. He was convicted, sentenced to pay a fine of five' 
hundred dollars and to be committed to jail till the fine and 
costs were paid. He appealed his case to the Supreme 
Court of the State. It decided against him. Then he 
appealed to the Supreme Court of the United States, and it 
set the test oath aside as contrary to the nation's Constitu- 
tion. That court declared it an ex post facto law. It said 
no State was permitted to enact a law which punished men 
for offenses committed before the law was passed. After 
that decision, indictments ceased for preaching the Gospel 
and practicing law and pursuing other employments. These 
indictments had in but few cases been followed by fine and 
imprisonment. Final action had been taken in but very few 
of them, the courts in most cases delaying trial in the matter 
till the national Supreme Court should decide the Cummings 
case. When that decision was made in favor of the preach- 
ers, teachers and lawyers, the indictments were never again 
called up in court, and never again heard of. 

232. Registration Act. — The Supreme Court of the 
United States had, by its decision in the case of J. A. Cum- 
mings and in that of Francis P. Blair, set aside all that part 
of the test oath which disfranchised so many men. Since 
then some of the strongest Union men in the State had set 
themselves against it, including such prominent citizens as 
Francis P. Blair, John S. Phelps, B. Gratz Brown, Carl 
Schurz, Samuel T. Glover, John F. Philips, James O. 
Broadhead, and Willard P. Hall. The movement had gained 
great momentum, but still its opponents had a majority in 
the Legislature. At the session of 1868 it was therefore 
determined to again make an attempt at general proscription. 



364 mSTOBY OF MISSOURI. 

A very stringent registration law was passed. It gave the 
Governor power to appoint superintendents of registration in 
each senatorial district, who in turn appointed three registers 
in each county. These four officers were authorized to make 
a list of all the legal voters in the county. They were for- 
bidden to enroll any person who would not take an oath of 
loyalty, and besides were given the power to refuse to enroll 
any others than those they chose. In many counties they 
chose to refuse half the citizens. In some cases wealthy 
candidates for office influenced the registers to enroll their 
followers, and to decline to enroll their opponents. No one 
was allowed to vote whose name was not enrolled by these 
registers. This law, perhaps, disfranchised more voters 
than the original "test oath." It was made a principal 
issue in the campaign of 1868, and the canvass was at- 
tended with bitterness and often violence. 

233. The Election of 1868.— The Republican candi- 
date for Governor w^as Joseph W. McClurg of Camden 
county. The Democratic candidate was John S. Phelps of 
Springfield. McClurg's majority was 19,000, and the whole 
vote cast was 145,000. E. O. Stanard, of St. Louis, was 
elected Lieutenant-Governor. 

Questions on Chapter XIX. 

1. What is said of Thomas C. Fletcher? (223) 

2. What proposition did the Legislature submit to the people 

at the election of 1864? ('224) 

3. When did this Convention meet, and who was its president? 

(224) 

4. What is said of this constitution? (224) 

5. What action did this Convention take toward manumitting 

slaves? (225) 

6. What did it avail? (225) 

7. How was it received by the people? (226) 

8. To what persons did the test oath deny the ballot? (226) 

9. What else did it deny them? (226) 



THE ADMINISTRATION OF FLETCHER. 365 

10. What penalties did it prescribe? (226) 

11. To what time was it attempted to limit its proscriptions? 

(227) 

12. Why was this done? (227) 

13. How had President Lincoln indorsed this proclamation? 

(227) 

14. Who else indorsed it, and how? (227) 

15. What about a State that violates its promises? (227^ 

16. What action did the Convention take toward ousting officers? 

(228) 

17. On what grounds? (228) 

18. What had Governor Hall to say about this? (228) 

19. What was the real reason for ousting the officers? (228) 

20. How did the Convention forestall defeat? (229) 

21. What was the result of the election? (229) 

22. How was the ousting ordinance enforced? (230) 

23. Mention some results of the Drake Constitution? (231) 

24. How was Frank Blair treated? (231) 

25. What course did he pursue? (231) 

26. What course did the Missouri Baptists pursue? (231) 

27. What did the Catholic archbishop do? (231) 

28. How about the indictment of preachers? (231) 

29. Recite the details in the trial of J. A. Cummings. (231) 

30. How did the U. S. Supreme Court regard this law? (231) 

31. What prominent men led the opposition to the test oath? 

(232) 

32. How did its friends determine upon neutralizing the U. S. 

Court's decision? (232) 

33. What is said of this Registration Act? (232) 

34. How did the election of 1868 result? (233) 

Topical Outline of Chapter XIX. 

{ I. Thomas C. Fletcher. 

2. Constitution of 1865. 

3. Manumission Day. 

- rr^i rr^ 1. /-» i-u r !• To Whom it Denied the Ballot. 

4. The Test Oath. { t\ • a \j.tu <. tt 1 ^ 
^ \ 2. Denied What Employments. 

5. A Retrospective Law. 

( I. Applied to Whom. 

6. Ousting Ordinance. < 2. Purpose of. 
^ ^ [3. How Enforced. 
2^*7. Defe-at of Constitution Forestalled. 

1. Baptists Oppose it. 

2. Catholics Oppose it. 

3. Ministers Indicted. 
8. Results of Test Oath. { 4. Supreme Court Overthrows it. 

5. Prominent Men Set Themselves 
Against Tt. [Place. 

6. Registration Act to Take Its 
[ 9. Election of McClurg. 



Ed 
O 

> 

O 

O 
o 



H 
■Ji 



< 



CHAPTER XX. 



McCLURG'S ADMINISTRATION. 

234. Joseph W. McOlurg was born in St. Louis 
county, February 22, 1818, and was educated at Oxford, 
Ohio. He taught school in Ohio and Louisiana, and was 

deputy sheriff in St. Louis 
before he was twenty- 
one. Two years later 
he was licensed to prac- 
tice law, but soon after- 
wards engaged in mer- 
chandising in Camden 
county. When the war 
came on he took positive 
and enthusiastic grounds 
for the Union. He en- 
tered Congress as a Re- 
publican in 1862 and 
served till January, 1869, 
when he resigned to be- 
come Governor of Mis- 
josEPH w. McCLURG. gouri. He was again a 

candidate in 1870, but was defeated. In his last message to 
the Legislature he recommended the passage of a law pro- 
hibiting the sale of intoxicants as a beverage — the only time 
such a recommendation was ever contained in a Governor's 
message. In 1889 he was appointed by President Harrison 
Register of the United States Land office at Springfield, 
Missouri. 

(366) 




McCLUBG'S ADMINISTRATION. 



367 



235. Suffrage for Slaves. — The Legislature had in 
1867 agreed by a large majority to submit to the people an 
amendment to the Constitution granting to former slaves and 
their descendants the privilege of voting. The amendment 
was voted on at the election in November, 1868, and w^as 
defeated by nearly nineteen thousand majority. But on 
January 7, 1870, the question agam came before the Legisla- 
ture in the XVth Amendment to the Constitution of the 
United States, which the Legislature adopted by about a 
two thirds vote of both houses, thus giving these people the 
privilege of voting. This was before the ballot had been 
restored to those who were disfranchised by the Drake Cpn- 
stitution. 

236. Repeal of Proscriptive Tests. — The same 

Legislature, however, agreed to submit to the voters an 
amendment to the Constitution abolishing the test oath and 
restoring the ballot to former Confederates, Southern sympa- 
thizers and all other male citizens; and relieving them of 
other proscriptive penalties. This was voted on in Novem- 
ber, 1870. A very warm and earnest campaign preceded 
the vote. The Republican party disagreed in regard to 
what should be done with the great number of disfranchised 
citizens. Many were in favor of postponing the giving of 
the ballot to these men. These were called "Radical Re- 
publicans." But an equal number believed in entire removal 
of all political disabilities at once. They were called "Lib- 
eral Republicans." The Republicans met in Convention in 
Jefferson City in August, 1870, and voted to adhere to the 
Radical Republican doctrine, by a vote of three hundred and 
forty-nine to three hundred and forty-two, and nominated 
Joseph W. McClurg, the then Governor, for re-election. 
The Liberal Republicans withdrew from the Convention, 
adopted a platform for immediate re-enfranchisement, and 
nominated B. Gratz Brown for Governor. The Democrats 



368 



HISTORY OF MISSOURI. 



declined to nominate State officers, but supported the Liberal 
Republican ticket. Mr. Brown was elected by forty-one 
thousand majority, and the people voted to repeal the pro- 
scriptive tests by a majority of one hundred and eleven thou- 
sand, there being only about sixteen thousand votes against 
the proposition. J. J. Gravelly was elected Lieutenant- 
Governor. The Liberal Republicans and Democrats had 
also obtained a majority in both houses of the Legislature, 
and they w^ent to work at once to repeal all obnoxious laws, 
and restore to every man equality before the laws, and 
remove all disabilities from all. As a result, at the election 
in 1873 the vote was one hundred and tw^elve thousand, two 
hundred and seventy-six greater than it was in 1870, an 
increase of sixty-seven per cent in two years. By this fact we 
can arrive at an estimate of the number disfranchised. Of 
this increase — one hundred and twelve thousand, two hundred 
and seventy-six — it is not proper to count the negro vote, 
because the XVth Amendment to the national Constitution, 
bestowing on negroes the right to vote, became a law of the 
nation prior to the election of 1870. It is possible, however, 
that twenty-five per cent of the increase, or twenty-eight 
thousand, were immigrants and young men now for the first 
time old enough to vote. This would leave eighty-four 
thousand men who had been disfranchised by the sweeping 
proscription of the Drake Constitution — more than twice as 
many as ever took up arms as State Guards or Confederate 
troops. 

237. Peace. — The restoration to citizenship was wise 
and just. Whatsoever good reason there might have been 
for denying to so many citizens, the right to vote and follow 
their chosen employments in 1865, it could not be urged that 
the conduct of these men had been such as to make it unsafe 
to trust them with full and equal citizenship within a few 
years after the war had closed. Their conduct w^as as 



McCLUEG'S ADMINISTRATION. 369 

peaceable and orderly as that o£ any class of men in the 
State. Not even did the preachers, teachers and lawyers, 
after the United States Supreme Court had restored to them 
the privilege of following their chosen pursuits, make harsh 
or disloyal assertions in public. Political subjects were 
rarely spoken of in the pulpit or school. The great mass 
of these men had quietly returned to their homes, controlled 
by a desire for peace and to submit in good faith to the 
authority of the Union. They had gone diligently to work 
at whatever employment was open to them, to regaining 
their lost fortunes, rebuilding their burnt houses, and re-es- 
tablishing themselves in the land whose fruits they had 
enjoyed before the war. Nothing is to be feared from such 
men, and now that the duty was upon them again to main- 
tain the Union they loyally and honestly undertook to do so. 

238. Senators. — In January, 1867, Charles D. Drake 
was elected to the Senate of the United States to succeed B. 
Gratz Brown, whose term expired March 4 of that year. 
Mr. Drake served till 1871, when he resigned to become 
a judge of the Court of Claims in Washington, and 
was succeeded by Francis P. Blair who served out the 
remainder of the term till 1873. Carl Schurz was elected 
for a term of six years, from 1869-75, to succeed John B. 
Henderson. Mr. Schurz was a native of Germany. After 
his term in the Senate terminated he was a member of Pres- 
ident Hayes' Cabinet as Secretary of the Interior. 

Questions on Chapter X X. 

1. Give sketch of the life of Joseph McClurg. (234) 

2. How did the people vote on the question of giving the 

ballot to former slaves and their descendants? (235) 

3. But what course did the Legislature pursue? (236) 

4. Describe the split in the Republican party. (236) 

24 



37^ 



HISTORY OF MISSOURI. 



5. What was the result of the election? (236) 

6. What majority did Brown secure? (236) 

7. What was the majority for removing prescriptive tests? (236) 

8. What was the increase of the vote two years later? (236) 

9. What do these figures show? (236) 

10. What about the restoration of citizenship to all? (237) 

11. How did the preachers, lawyers, teachers and other dis- 

franchised persons behave? (237) 

12. Who were elected United States Senators in 1867, i86q 

and 1871? (240) 



Topical Outline of Chapter XX. 



McClurg's 
Administration. 



Joseph W. McClurg. 

Negro Suffrage. 

New Parties. 

Rep.eal of Prescriptive Tests. 

Increase In Vote. 

Conduct of Disfranchised Persons. 

Senators. 



CHAPTER XXI. 



THE ADMINISTRATION OP GOVERNOR BRO^WN. 

239. Benjamin Gratz Brown, the twentieth Gov- 
ernor, served from January, 1871, to 1873. He w^as born 
at Lexington, Kentucky, in 1826, and was a descendant of 
much honored families of Virginia and Kentucky. He 

received the best of 
schooling in his native 
State and graduated at 
Yale College at the age 
of twenty-one. He came 
to Missouri in 1849, set- 
tled in St. Louis, and 
began the practice of 
law, but abandoned it in 
a year or two. In 1853 
he was elected to the 
Legislature and was re- 
elected in 1854, both 
4imes as a "Free Soil" 
candidate. In 1854 he 
became editor of the 
Missouri Democrat^ and 
continued as such till the breaking out of the war, with great 
ability and reputation. Early in the war he raised a Union 
regiment, became its colonel, and bore himself as a gallant 
and brave officer in the campaign in southwest Missouri. 
In 1863 he was elected to the United States Senate by the 
radical emancipationists, and served till 1867. In 1866 he 
led the opposition to the test oath proscription. In 1870 he 

(370 




B. GRATZ BROWN. 



372 



HISTORY OF MISSOUEI. 



was nominated for Governor by the Liberal Republicans, 
was elected and served two years. Then he returned to St. 
Louis, resumed the practice of law and gained distinction at 
the bar. In 1S72 he was nominated by the Liberal Repub- 
licans for Vice-President along with Horace Greeley for 
President, and was defeated. He was an excellent Gov- 
ernor, and did much to bring about peaceable and kind feel- 
ings between the discordant elements created by the war. 
He died in St. Louis, respected, honored and loved as a 
good and true man. 

240. Peace and Prosperity. — As the people got 

away from the war and began to study the lessons it had 
taught, the better side of mankind again showed itself. A 
general desire for peace grew stronger and stronger. A 
purpose to restore order, to re-establish prosperity, to retrieve 
broken fortunes, was manifest everywhere. Many a noble 
estate had been swept away by the fell hand of cruel war. 
Many a rich plantation had been laid waste, many a com- 
fortable farm-house had been burnt, cattle and horses and 
all kinds of stock had been seized and driven from the land, 
confidence w^as destroyed, and deep feelings of resentment 
had laid hold on those formerly neighbors. But now that it 
was all over, that the cause was gone, these feelings gave 
way to higher and better and more manly ones, and the de- 
termination was sure and settled that the war should be over 
forever. Men began, in their cool and quiet labors, to see 
that they could honestly differ about even such a thing as 
war. This was followed by peace and mutual confidence, 
and now again the woodsman's axe was heard in the forests, 
the plow was set deeper into the soil, and the grain, ripened 
in the fields, was garnered and sold in the open market. A 
few malevolent spirits still sulked abroad, but the great body 
of the people — Union and Confederate soldier. Northerner, 
Southerner, foreigner and native alike — united in action and 



THE ADMimSTBATION OF BROWN. 373 

feeling in intellectual and moral up-building. While the 
war had lasted naany of the schools were closed, till at one 
time there were only 1,200 open. By 1S70 this number had 
increased to 5,000. Population had decreased from 1,182,- 
000 in i860 to about 900,000 in January, 1865. Now, in 
1870, it w^as 1,719,000, accordingto the United States census, 
but in fact it was somewhat smaller. The taxable wealth 
had almost doubled within the four years previous to 1870. 
Tens of thousands of immigrants, mostly from the Atlantic 
States and from north of the Ohio, had come into Missouri 
and acquired homes. On every side the people were fast 
effacing all traces of the war. 

241. Treatment of The Negroes. — Neither was the 

negro neglected nor forgotten. He had been a slave; he 
was now a citizen. He must be educated and taught the 
responsible duties of citizenship. Schools were established 
for him, too. At first this was opposed by many of the old 
slave owners, but heartily supported by a few, and later on 
by all of them, and in many cases enthusiastically, until to-day 
there are good schools provided for him wherever needed. 
The annual length of these schools is the same as those for 
white children, though there is, as a matter of course, a dif- 
ference in the comparative merit and w^orth. The negroes 
themselves have shown both a willingness and an earnest 
desire to be educated and to use the schools properly. In 
this State, the relations of the two races promise harmony 
and honest and just treatment. In spite of the carpings of 
pessimists and the slanders of the political partisans, the 
wide expanse of history does not contain an instance of more 
honorable, humane and wise treatment by a powerful domi- 
nant race of a weak and dependent one, lately liberated and 
left to live among their old owners, than that of Missouri fur- 
nishes. 



374 



HISTORY OF MISSOURI. 



242. Railroad Difficulties. — The Drake Constitution 
permitted counties to subscribe any sum of money to aid in 
building railroads. It unfortunately authorized the County 
Court to issue bonds binding the county for the payment of 
these subscriptions whenever two thirds of the qualified 
voters of the county should assent thereto. These courts, in 
some cases, were composed of characterless or ignorant men, 
and the *' qualified voters" were not the people who owned 
the property of the county, and who, therefore, would have 
to pay its bonds, for many of them had been disfranchised, 
but a class of men who were governed more by other motives 
than justice and patriotism. The elections frequently were 
merely formal, only a small per cent of the taxpayers being 
permitted to vote. Dishonest speculators, in a few instances, 
bribed the courts to make the subscriptions without the 
people's knowledge or consent. Bonds to the amount of 
fifteen million dollars and over were issued by the various 
counties. But the roads were never built. Usually, work 
would be commenced on the roadbeds at various places 
along the proposed routes, and kept up with great vigor for 
a few weeks, and then reports would come that the companies 
had become bankrupt, and work would cease. Only 
partial payments were ever made for the work done. 

In the meantime, the bonds were run off to New York 
and elsewhere, and, before they had matured, were sold to 
third parties, who paid little or no money for them, but after- 
wards claimed that they were innocent of any knowledge of 
the fraud practiced upon the taxpayers. As the courts had 
the power by law to issue the bonds, the United States 
Supreme Court held they must be paid. As a result, 
debts of several hundred thousand dollars were fastened upon 
Lafayette, Cass, Knox, St. Clair and other counties. 

243. Resisting Payments. — Payment of these bonds 
was, in a few cases, made in full ; in others, terms of com- 



THE ADMINISTBATION OF BROWN. 



375 



promise were agreed upon by which the bond-holders 
accepted fifty or sixty or eighty per cent of the face of the 
bonds as full payment; but in other cases, where the debts 
were enormous and the fraud glaring, payment was resisted. 
In Cass county popular resentment became violent, and at 
Gunn City on April 24, 1872, a large uprising of the people 
put to death three men concerned in issuing the bonds. 
Judge J. C. Stevenson, one of the County Judges, and James 
C. Cline, County Attorney, had been indicted for complicity 
in the fraudulent issuing of the bonds. On this date they 
and Thomas Dutro, who was one of Cline's bondsmen, were 
on a train which was intercepted by about three hundred 
citizens of Cass county. They were mercilessly shot down, 
and the train greatly damaged by the infuriated people. 
Popular feeling in Cass and surrounding counties soon became 
intense. Governor Brown called out the militia, and sent 
General F. M. Cockrell and Colonel John F. Philips as 
special commissioners for the State to urge peace and order. 
These efforts were entirely successful. Attempts were after- 
wards made to punish the men who assisted in the killing, 
but no jury could be persuaded to convict them. Since that 
time the bond-holders have brought suit against these counties 
in the United States courts, which decided against the 
counties and instructed the county courts to levy taxes to pay 
these debts. But a new set of judges had, in the meantime, 
come into office ; men, who considered it unjust to pay bonds 
for roads that had never been built. They refused to levy 
the taxes, and w^ere in some instances sent to prison for con- 
tempt of Federal authority. But there they were treated 
with consideration. But they would not order the levy, and, 
when they tired of the attempts to force them to do so, they 
would resign, and their successors pursued the same course. 
By this means the Federal courts were powerless to enforce 
payment, though various attempts were made for ten years. 



37^ 



HISTORY OF MISSOURI. 



But in nearly every county these bonds have now been settled 
by compromise. 

244. Other Railroad Debts. — There v^ere other rail- 
road debts. At different times prior to the war the State 
granted to various railroad companies aid in the construction 
of their roads by issuing State bonds to the amount of twenty- 
three million, seven hundred and one thousand dollars. For 
this aid the companies agreed to pay the interest on these 
bonds as fast as it became due, and if they failed to do so 
the roads were to be forfeited to the State. The Hannibal 
and St. Joseph road paid its bonds, which amounted to three 
million dollars, and also the interest. But default in the 
payment of the interest of the other roads was made between 
January, 1S59, and July, 1861, and soon after the war 
the Pacific, the St. Louis and San Francisco, the Iron 
Mountain, the Wabash and other roads were sold by 
the State. In addition to this there was forfeited to the 
State and sold along with the roads, one million, eight hun- 
dred and twenty-four thousand acres of land, which had been 
granted to them by Congress, and pledged to the State as pay- 
ment of this debt. The entire debt at the time of the sale, 
including principal and interest, was over thirty-one million 
dollars, and the State realized from the various sales only a 
little over six millions, so that there remained a debt of 
twxnty-five millions, which the State has since had to pay, 
besides the many millions in interest maturing since the sale. 
These railroad debts have been the source of nearly all the 
State's present debt. The original bonds bore six and seven 
per cent interest. But the State has steadily been paying the 
debt, and in 1S85 it bought up nearly half of its six per cent 
bonds by new bonds which bear only three and a half per 
cent interest, and thus a great amount of money is saved 
annually in interest alone. 



THE ADMINISTRATION OF BBOWN. 



Z11 



245. The Election of 1872.— The Liberal Republi- 
can movement which began in 1870, and which subse- 
quently spread over all the Union, continued. Efforts were 
made to reunite the two discordant factions of the party, 
but they utterly failed. On August 21, 1872, the Liberal 
Republicans and the Democrats met in separate conventions, 
in Jefferson City, to nominate a joint ticket. A committee 
of conference was appointed from each convention, which 
soon agreed upon a fusion ticket. The various offices were 
divided up between the two parties according to their numer- 
ical strength. The Democrats nominated the candidate for 
Governor, the four Supreme Judges, eight of the Presidential 
electors. Treasurer, Attorney-General and Auditor; the 
Liberals named the Lieutenant-Governor, Secretary of State, 
Register of Lands and seven Presidential Electors. Silas 
Woodson of Buchanan county w^as the nominee for Gov- 
ernor, and Charles P. Johnson of St. Louis for Lieutenant- 
Governor. The two conventions then came together into 
one, and indorsed the nominations as a whole. In Septem- 
ber, the regular Republicans nominated John B. Henderson 
for Governor. At the election, Woodson's majority was 
thirty-five thousand, four hundred and forty-four, and the 
entire electoral vote of the State was cast for Greeley for 
President and Brown for Vice-President. At the time for 
the next election in 1874, the Liberal Republican movement 
had disappeared, the vast majority of that party having 
become Democrats, but a few re-united with the regular 
Republicans. 

Questions on Chapter XXI. 

1. Give a sketch of the life of B. Gratz Brown. (239) 

2. What is said of him as Governor? (239) 

3. What v^ere some of the effects of the war? (240) 

4. What now was the condition? (240) 

5. What is said about schools and population? (240) 



378 



HISTOB T OF MISSO UBI . 



6. How was the negro treated? (241) 

7. What railroad difficulties are described in this section? (242) 

8. What was done with these bonds? (242) 

9. How were the debts settled in many cases? (243) 

10. Describe the Gunn City tragedy. (243) 

11. How was order restored? (243) 

12. What about the actions of county judges in some of these 

counties? (243) 

13. Describe other railroad debts. (244) 

14. How much was the entire debt at one time, and what was it 

after the railroads and lands were sold? (244) 

15. What was done in 18S5? (244) 

16. What is said of parties in 1872? (245) 

17. Who were the candidates and who was elected? (245) 

18. What became of the Liberal Republican movement? (246) 



Topical Outline of Chapter XXI. 



Administration of 
Governor Brown. 



[ 1. B. Gratz Brown. 

2. Peace and Prosperity. 

3. Treatment of Former Slaves. 



Railroad 
Difficulties. 



1. County Debts. 

2. Gunn City Tragedy 

3. Action of Judges. 

4. State Debts. 



5. Election of 1872. 

6. Disappearance of Liberal Republican 

Party. 



CHAPTER XXII. 



GOVERNORS VTOODSON AND HARDIN. 

246. Silas Woodson was born in Kentucky in 1819. 
He was reared on a farm, attended the "log schoolhouse" 
in the neighborhood, and employed much of his time in 
reading and study. He was licensed to practice law at the 
age of twenty-one, and three years later was elected to the 
Legislature, and re-elected several times in the next twelve 
years. He also was Circuit Attorney for four years. In 
1854 he came to Missouri and settled in St. Joseph, where 
he was soon recognized as 



a lawyer of marked ability. 
In i860 he was elected Cir- 
cuit Judge and served with 
acceptability through the 
stormy days of the war. 
He was elected chairman of 
the Democratic State Con- 
vention of 1873. He was 
not then a candidate for 
Governor. But there were 
six candidates, namely, Jo- 
seph L. Stephens, Norman 
J. Colman, R. P. C. Wil- 
son, James S. Rollins, Wil- 
liam H. Hatch and JohnS. 
Phelps. Three ballots were 
made without any choice, and in the midst of the fourth 
the name of Woodson was. proposed as a compromise 
candidate, and it was received with such enthusiasm that he 
was nominated almost unanimously. He was inaugurated 

(379) 




SILAS WOODSON. 



38o 



HISTOEY OF MISSOURI. 



January 8, 1873, and served two years. He filled other 
honorable positions after his term as Governor expired, and 
died in St. Joseph in 1896. 

247. Business Depression. — During the term of 
Governor Woodson there was the greatest financial depres- 
sion. The crisis was precipitated by the failure of Jay 
Cooke & Company of New York in the spring of 1873. The 
panic soon became general. Every State in the Union felt 
the bitings and gnawings of business failure. In Missouri, 
bank after bank closed its doors, and business was tempo- 
rarily paralyzed. To add to the troubles there was a failure 
in crops, owing to a drought which set in in the summer of 
1873 and lasted for eighteen months, with very little rain at 
any time. The Governor, in his message of 1874, said: 
"Thousands who in days gone by have been able, without 
serious difficulty or great loss, to obtain money with which 
to pay debts or taxes, can not procure a dollar for any pur- 
pose, except at the most ruinous sacrifices." He proposed 
to meet the difficulties, as far as possible, by cutting down 
expenditures in all offices, and so earnestly did he plead with 
the Legislature that it and subsequent sessions reduced State 
and county expenses nearly one half in every branch of the 
State Government except that of public education. 

248. The Grange. — The financial troubles of 1873 
and 1874 were in part due to the natural collapse of the reck- 
less speculation which seized upon the people at the close of 
the war, and of the high prices which that war had created 
with the assistance of a large amount of discredited paper 
money. But a very large part of the people did not accept 
this as the cause, and throughout the West there began to 
form farmers' societies which were called the Grange. 
Sometimes the order was called the Patrons of Husbandry, 
but it was better known by the former name. It spread 



GOVERNORS WOODSON AND HARDIN. 381 

rapidly throughout the West and soon had one million, two 
hundred thousand members, with local societies in almost 
every neighborhood. Many of its members, and most of its 
leaders, were men of intelligence and integrity, but its great 
membership was undoubtedly due to the financial troubles of 
1873 and 1874. The order refused to admit lawyers, bank- 
ers, capitalists, and merchants as members. It was organ- 
ized on the basis that nearly all financial troubles were due 
to bad legislation, and it proposed to unite all laborers, es- 
pecially farmers, in an attempt to repeal all bad laws and 
make all necessary good ones. This, of course, had been 
the desire of all good citizens from the beginning of the 
nation, but thoughtful men soon concluded that the Grange 
acted upon the unfair theory that its members were entitled 
to favors in the making of laws which were to be denied to 
other persons. This led much of the press in the East, and 
even in the States where the organization was strongest, to 
oppose it, as teaching doctrines which would array one class 
of citizens against another. This opposition the Grange met 
by declaring the unfriendly press was dominated by the cap- 
italists and corporations, and hence there began to be dis- 
cordant relations between the order and the political parties. 

249. Campaign of 1874.— At the election of 1874 
the Democratic party nominated Charles H. Hardin, of 
Audrain county, for Governor, and Norman J. Colman for 
Lieutenant-Governor. The Republicans declined to make 
any nominations, but the Grange and that party united in 
what was called the People's Party, and nominated William 
Gentry, an extensive farmer of Pettis county, for Governor. 
The cry of the Granger members of the People's Party was 
"Reform," by which they meant retrenchment in govern- 
mental expenditures. But Governor Woodson and the Leg- 
islature had already forestalled them by passing the laws 
cutting down expenses, and hence few of the Democratic 



383 



EISTOBY OF MISSOURI. 



farmers saw any reason to leave their party on that account. 
Hardin was elected by a majority of thirty-seven thousand, 
four hundred and sixty-three, and the Democrats elected all 
the thirteen Congressmen from the State. The part the 
Grange had taken in politics at this election caused much 
dissatisfaction among its members, and the order soon began 
to lose power, and in a year or two wxnt down almost as 
fast as it had risen. 

250. Charles H. Hardin was born in Kentucky in 
1820, but came with his parents to Missouri when a mere 
infant. He was reared to manhood in Columbia, and en- 
joyed the advantages of good schools. He afterwards grad- 
uated with the degree of A. B. from Miami University, in 
Ohio. He returned to Missouri, studied law, located at Ful- 
ton, rapidly rose in his profession, and soon became known 
as a laborious, painstaking lawyer, whose pleadings always 

bore the test of judicial 
investigation. In 1848 
he became prosecuting 
attorney for the third ju- 
dicial circuit, which em- 
braced several counties, 
and during the entire 
term none of his indict- 
ments were quashed for 
inaccuracy. In 1852, 
1854, and 1858 he repre- 
sented Callaway county 
in the Legislature as a 
Whig, and in 1855 was 
one of the committee of 
three which revised all 
the statutes of the State 
c. H. HARDIN. ^"^ codified them in 




GOVERNORS WOODSON AND HARDIN. 383 

book form. In i860 he was elected to the State Senate from 
the district composed of Boone and Callaway, and was the 
author of the resolution creating the convention to which w^as 
referred the question of secession. He attended the called 
meeting of the Legislature held at Neosho in October, 1861, 
and was the. only member who voted against secession. He 
remained unalterable in his allegiance to the Union during 
the war but took no active part in the troubles of those times. 
In 1S73 he was again elected to the Senate and maintained 
his former reputation for laborious and conscientious work. 
In 1S74 he was elected Governor, and his administration was 
one of the most honorable in the entire history of the State. 
In 1S73 a college for the education of girls was projected at 
Mexico, at which place he had lived since 1861, and named 
Hardin College in his honor. From his munificent hand it 
had received over fifty-five thousand dollars up to the time of 
his death in 1892. 

251. Francis Marion Cockrell was elected United 
States Senator in 1S75 to succeed Carl Schurz, and was re- 
elected in 1881, and again in 1S87, and again in 1893, and 
still represents the State in that high office. He was born in 
Johnson county in 1834, and with the exception of Lewis V, 
Bogy, was the first and only native-born Senator ever elected 
from Missouri. He was reared to hard toil on the farm, and 
attended the common schools till 1851 when he entered 
Chapel Hill College, in Lafayette county, whence he was 
graduated in 1853. He studied law, gained prominence in 
his profession, but resolved not to enter politics till he had 
reached his fortieth year. Early in the Civil War he enlisted 
as a State Guard, took part in the battles of Wilson's Creek 
and Pea Ridge, then joined the Confederate army, rose rap- 
idly to the rank of general, and took part in a score of the 
principal battles of the war. His gallantry and bravery at 
Vicksburg, Mississippi, and Franklin, Tennessee, have made 



3^4 



HISTORY OF MISSOUBL 



his name historic for almost all time. "Cockrell's Brigade" 
has been pronounced equal to the finest body of soldiers in 

the Confederate service. 
They were all Missouri- 
ans. After the war a 
few years he again re- 
sumed the practice of 
law, and in 1874 was a 
candidate for the Demo- 
cratic nomination for 
Governor but was de- 
feated by C. H. Hardin 
by a very small majority, 
but in the following Jan- 
uary was elected Senator, 
the first civil office he 
ever held. A State is 
rarely favored with a more 




FRANCIS M. COCKREI.L, 



faithful representative than Mr. Cockrell. 

252. Locusts. — In 1874 and in 1875 all the country 
west of Missouri, even to and beyond the Rocky Moun- 
tains, was plagued by a devouring insect. Governor 
Hardin, in his message, called them the Rocky Mountain 
locusts, but the people usually referred to them as Kansas 
grasshoppers. They were about two inches long and looked 
very much like the ordinary grasshopper that has always 
been seen in this State, except their legs were of a reddish 
color, and parts of their bodies, wings and head were more or 
less reddish, also. They came down from the mountains in 
1874, filling and almost darkening the heavens by their great 
number. They quickly overran Colorado, then came on 
through Kansas, and late in the summer invaded Missouri. 
In Colorado and parts of Kansas they ate up every green 
thing, taking every live blade of grass and every leaf on tree 



GOVESNOSS WOODSON AND SARDIN. 



385 



and bush and flower and vegetable. They entered a few 
counties in Missouri, but in 1874 they came after most of the 
crops had matured, and hence did not do so much damage. 
They deposited their eggs, however, and as It became warm 
next year these hatched out in great numbers. The people 
fought them before they were able to fly, and thus greatly 
mitigated the pest. The most effective way was by digging 
ditches, putting in a few inches of straw, then driving the 
locusts into the ditch and burning the straw. Yet, in spite 
of all these efforts, they overran several counties along the 
western border of the Stite. The first months of 1875 were 
dark days for these counties. Their wheat and meadows 
were destroyed by the locusts. They planted their corn, but 
it was devoured as fast as it came up. Again they would 
plant it, thinking that the insects w^ould leave as soon as they 
became able to fly, and again it was devoured. Governor 
Hardin proclaimed that June 3, 1875, should be observed as 
a day of "fasting, thanksgiving and prayer," for Divine 
deliverance from the vexatious plague. The proclamation 
was generally observed, especially in that part of the State 
where the danger seemed most imminent. But throughout 
the State the people responded liberally with money and pro- 
visions for the sufferers. About this time, in fact on the very 
next day, heavy rains set in. Up to that time the long con- 
tinued drought had not abated in western Missouri, though 
slight rains had fallen in the spring months of 1S75, but now 
they became heavy and frequent. This was regarded as a 
forerunner of deliverance. It was. The locusts began to 
move about June 11, but a strong southwest wind drove 
them further into the interior of the State, but in a day or 
two the wind shifted to the east, and by the fifteenth the 
locusts were all gone. The next year they came again, but 
did little damage, and since that time have not appeared. 
The citizens of these counties began at once to retrieve the 

25 



386 



BISTORT OF MISSOURI. 



loss. They planted their crops again, and, the season being 
very favorable from that time on, the yield was bountiful. 
All over the State the crops were prodigious in 1875, and 
this fact served largely to alleviate the business depression of 
the two previous years. 

253. The New Constitution. — The people did not 

become any nearer satisfied with the Drake Constitution as 
they more thoroughly adjusted themselves to re-established 
peace. They felt it was out of harmony with the spirit of 
the age. At the election of 1874 a convention to frame a 
new constitution was voted for. Sixty-eight delegates, two 
from each senatorial district, were elected thereto on January 
6, 1875. They were able men, of great personal worth 
and wisdom. Their names may be found in the Appendix. 
Sixty of them were Democrats, six Republicans and two 
Liberals. They met in the Capitol May 15, 1875. Waldo 
P. Johnson was elected president, and Nathaniel W. Watkins 
vice-president. A thorough revision of the entire organic 
law of the State was made. Some of the provisions at the 
time were thought to be radical, but so far they have worked 
no hardship, and the people seem as well satisfied with the 
Constitution as an intelligent people ever did with any law. 
In fact, all persons look to it as a strong tower of defense, 
and a promoter of prosperity, peace and order. 

254. Three Marked Features. — Only two of its 

provisions will here be spoken of. (i) It prohibited the 
Legislature from imposing a debt upon the State in any 
amount above two hundred and fifty thousand dollars for 
any one year, unless two thirds of the voters at an election 
should authorize it to do so, and did not permit towns and 
counties to issue bonds for any purpose except for the erec- 
tion of public improvements. This was done to put a stop 
to the wasteful, and sometimes wicked, issue of bonds for 



GOVBRNOBS WOODSON AND BABDIN. 



387 



building railroads. (3) Another feature of this Constitu- 
tion was the restrictions it put upon the Legislature, County 
Courts, cities and school districts to tax the people. All 
these have been discussed in the proper -chapters of the 
Civil Government of Missouri. Under such a Constitution 
no more great railroad debts like those considered in sections 
127, 242 and 244, can be contracted. (3) Its other marked 
feature was the thoughtful provisions in reference to public 
schools. Under the liberal laws it permitted the Legislature 
to make, Missouri now outranks almost everv State in the 
Union in the amount of her school funds, and spends over 
six million dollars every year for education. The other 
provisions can not be presented, but, at the final vote in the 
Convention on its adoption, not a vote was recorded against 
it, and on the thirtieth of October it was adopted by the peo- 
ple, there being ninety-one thousand votes for it and fourteen 
thousand and five hundred against it. It went into opera- 
tion November 30, 1875, and has since been the supreme 
law of the State Government. 

255. Terms of Office. — By the new Constitution, the 
term of the Governor and of nearly all other State and many 
county officers was lengthened from two to four years, and 
it was provided that the Governor and Treasurer could not 
be re-elected as their own successors. It was thought the 
Governor w"Ould choose men because of their special fitness 
rather than for their political influence in making his ap- 
pointments, if not permitted to succeed himself. As the 
Treasurer handles the State's money, it was considered it 
would be less liable to be purloined if frequent changes were 
made in the officers, and for the same reason county treas- 
urers and sheriffs are not permitted to serve continuously 
longer than four years, but almost all other officers are 
eligible to re-election for any number of terms. Elections 
under the new Constitution are held the first Tuesday after 



388 HISTORY OF MISSOURI. 

the first Monday in November, of all even numbered years, 
and the officers elected assume their duties in the following 
January. 

256. The Election of 1876.— At the election in 

1876 the Democratic and Republican parties each nominated 
strong and talented men for Governor, John S. Phelps of 
Greene and G. A. Finkelnburg of St. Louis. The issues 
in the campaign that followed were largely national. The 
Democratic majority was fifty-two thousand, and Phelps was 
inaugurated Governor January 8. Henry C. Brockmeyer 
of St. Louis was elected Lieutenant-Governor. 

Questions on Chapter XXII. 

1. Recite some of the incidents in the life of Silas Woodson. 

(246) 

2. What is said about the business depression during his term? 

(247) 

3. How did he and the Legislature meet this condition? (247) 

4. What is said of the Grange? (248) 

5. To what were the financial troubles of these years partly 

due? (248) 

6. What action did the political parties take at the election 

in 1874? (249) 

7. Give a sketch of the life of Charles H. Hardin. (250) 

8. And of the life of Francis M. Cockrell. (251) 

9. What is said about locusts? (252) 

10. What efforts were made towards securing a new Constitu- 

tion? (253) 

11. Mention its first marked feature. (254) 

12. And the second. (254) 

13. And the third. (254) 

14. How was it adopted? (254) 

15. What was the vote for and against it? (254) 

16. What changes did it make in the terms of offices? (255) 

17. Who were the candidates for Governor in 1876? (256) 

18. Who was elected and with what majority? (256) 



FROM 1877 TO 1892. 



3S9 



Topical Outline of Chapter XXII. 



Administrations of 
Woodson and Hardin, 



I. 


Silas Woodson. 


2. 


Business Depressions. 





The Grange. 


4- 


Election of 1874. 


5- 


Charles H. Hardin. 


6. 


P>ancis M. Cockrell. 


7. 


Locusts. 


8. 


New Constitution. 


9- 


Three Provisions of the ConstitTi 




tion. 


10. 


Terms of Office. 


II. 


Election of 1876. 



CHAPTER XXIII. 



FROM 1877 TO 1892. 

257. John S. Phelps. — John S. Phelps was born in 
Connecticut, December 33, 1814. His father, Elisha Phelps, 
was a lawyer of prominence in that State and served also as 
a member of the Legis- 
lature, and in other 
State offices, and three 
terms in Congress. His 
grandfather was a gal- 
lant and brave officer in 
the Revolutionary War. 
He was educated at Wash- 
ington (now Trinity) Col- 
lege, studied law and was 
admitted to the bar in his 
native State. In 1837 he 
came to Missouri and set- 
tled at Springfield. Under 
the laws of the Sta'e then 
he must needs obtain a new john s phelps. 




390 



EISTOBY OF MISSOURI, 



license before he could practice law in Missouri, and 
that, too, from the chief justice of the Supreme Court. 
Phelps made the journey to Jefferson City on horseback, 
and on arrival learned that Judge Tompkins was some 
distance in the country at a sawmill. There the judge was 
found and the examination had, the applicant sitting on a 
log, and the hard knotty questions, hard like the logs around 
them, were plied by the learned judge. The license was 
written on a leaf torn from an old blue ledger, and from this 
unique circumstance young Phelps turned away to become 
one of the most prominent and influential men in the State's 
history for the next forty years. He soon became noted in 
southwest Missouri as a great lawyer, and in 1840 was 
elected to the Legislature as a Democrat. In 1844 he was 
elected to Congress, and was a member of that body contm- 
uously till 1863. At that tune the most important committee 
of the House was the committee of Ways and Means, and 
of this Mr. Phelps was eight years chairman. When the 
war came on he sided with the Union, and did much toward 
aiding General Lyon in his efforts to grasp tHe State from 
the hands of Governor Jackson. In 1861 he organized 
"Phelps' Regiment/' was its colonel for several months, 
and, at the battle of Pea Ridge, commanded it in person and 
saw it suffer a loss of thirty per cent of its men. In 1862 he 
was military Governor of Arkansas. In 1863 he resumed 
the practice of law at Springfield. He was frequently put 
forward during the next few years for United States Senator 
as a Union Democrat, but always defeated. In iS68hewas 
the Democratic candidate for Governor, and was elected in 
1876, served for four years, and filled the office with credit- 
able honor and wisdom. So well satisfied were the people 
with his administration that he doubtless would have been 
elected again had not the Constitution adopted in 1875 made 
it impossible for him to succeed himself. He died in St. 
Louis in 1886. 



FROM 1877 TO 1892, 



391 



258. Senators. — In 1873 the Legislature elected Lewis 
V. Bogy to the United States Senate, to succeed General 
Blair. He possessed much ability, and was the first native 
of Missouri to be elected Senator by her own Legislature. 
He was a descendant of one of the old French families of 
the old river-town of Ste. Genevieve. He died while in 
office, and Governor Phelps appointed D. H. Armstrong, of 
St. Louis, his successor, to serve till the meeting of the Leg- 
islature in January, 1879. It elected General James Shields, 
of Carrollton, to fill out the unexpired term, which lasted 
only a few weeks, and George G. Vest, of Sedalia, to the 
new term. Mr. Vest was re-elected in 1885 and again in 
1 89 1 and in 1897, each time for six years. He and Mr. 
Cockrell are the present Senators from Missouri. 

259. George Graham Vest was born in Kentucky 
in 1S30, and attended an excellent private school for ten 
years, then entered 
Cen t r e College, Ken- 
tucky, and graduated in 
1848; and in 1853 grad- 
uated in law from Tran- 
sylvania University. He 
came to Missouri the 
same year, began practice 
at Georgetown, then the 
county seatot Pettis coun- 
ty, moved to Boonville in 
1S56, and in 1861 was a 
member of the Legisla- 
ture, where he took the 
lead of the State Rights 
men. When the war be- george g. vest. 

gan be went south, and was in Price's army when elected 
by the Legislature at Neosho to the provisional Congress of 




392 



EISTOBY OF MISSOURI. 



the Confederacy, at Richmond, Virginia, and served till 
1863, and then was appointed Senator to the same body by 
Governor Thomas C. Reynolds, to succeed General John B. 
Clark, Sr. In 1867 he returned to Missouri, resumed the 
practice of law, and in 1879 was elected United States Sen- 
ator, which office he still holds. As an orator he has long 
been regarded as among the ablest the State has ever had. 

260. Governor Crittenden. — Thomas T. Crittenden 
was elected Governor in 1S80. The Republican candidate 
was D. P. Dyer of St. Louis. Robert A. Campbell of St. 
Louis was elected Lieutenant-Governor. Mr. Crittenden 
was born in Kentucky in 1832, and reared at Cloverport on 

the Ohio river. His pri- 



mary education was in 
the log-cabin schoolhouse 
of that time, but in 1852 
he entered Centre Col- 
lege in that State, and 
was graduated therefrom 
in 1855. He studied law 
with his uncle, the great 
J. J. Crittenden, and 
came to Missouri and set- 
t'ed at Lexington. In 
1862 he enrolled in the 
State Militia, was made 
lieutenant-colonel, and 
served till the close of 
the war. He then re- 




THOS. T. CRITTENDEN. 



sumed the practice of law at Warrensburg as the partner of 
General F. M. Cockrell. He became a leader in the liberal 
movement for equality of citizenship, peace, fraternity and 
good will, and boldly advanced these ideas in a brilliant 
canvass of a great part of the State. In 1872 he was elected 



FROM 1877 TO 1892. 



393 



.f"''^^^'^?^^ 



to Congress, and again in 1876. His administration is 
remembered mostly for the breaking up of the James Boys 
band of outlaws and murderers, the terriblest set of train 
and bank robbers in all Western history, and also for a set- 
tlement of the Hannibal and St. Joseph railroad debt. The 
State had in 1851 and 1855, issued its bonds to the amount 
of $3,000,000 to aid in building that road. During this 
administration, after a great number of lawsuits, the road 
paid the debt with interest. 

261. Judge Napton. — In 1882 died Judge William 
B. Napton, who had been a member of the Supreme Court 
twenty-five years between 
1839 and 1881. He was 
born and reared in Prince- 
ton, New Jersey, and grad- 
uated from Princeton Col- 
lege. Then he went to 
Charlottesville, Virg i n i a, 
where he was for six years 
private tutor for General 
Gordon's family, and en- 
joyed the friendship of some 
of the most noted men of 
that State. He came to 
Missouri at the age of twen- 
ty-four, and at the solicita- 
tion of Governor Miller, 
became the editor of the 




JUDGE W. B. NAPTON. 



Booneslick Democrat at Fayette, which at that time was the 
political center of the State. In 1836 Governor Boggs 
appointed him Attorney-General, and in 1839 a member of 
the Supreme Court, which position he held till 1852. In 
1857 he was elected, without seeking the office and without 
nomination, a member of the court, but was ousted in 1862 



'> 



94 



HISTORY OF MISSOURI. 



by the provisional Convention. He at once took up the 
practice of law in St. Louis, and obtained great distinction. 
Upon the sudden death of Judge Ewing in 1873, Governor 
Woodson, without the knowledge of Judge Napton, made 
out his appointment and sent him his commission as a mem- 
ber of the court. The appointment coming as it did, accom- 
panied with the earnest solicitation of others, led him to 
accept the honor, and in 1S74 he was elected to fill out the 
unexpired term of Judge Ewing, and served till 1881. He 
was one of the finest scholars and most learned jurist ever 
actively cormected with Missouri affairs. So honorable, 
able and great has been the Supreme Court of Missouri that 
it would have done honor to any nation in history, and 
among its great judges Napton admittedly is given the high- 
est rank. 

262. The Election of 1884.— There were three can- 
didates for Governor in 1884, The Democrats nominated 
John S. Marmaduke; the Republicans, Nicholas Ford of 
Andrew county ; and the Prohibitionists, John A. Brooks of 
Kansas City. Neither Marmaduke nor Ford had any ability 
as public speakers, and neither had ever been intimately or 
extensively identified with State or national affairs ; con- 
sequently, the campaign was largely overshadowed by the 
national contest for the Presidency between Blaine and 
Cleveland. The Prohibitionists, however, made a more 
energetic campaign and polled more votes than ever before 
or since. Marmaduke was elected, and Albert P. More- 
house was chosen Lieutenant-Governor. The principal fea- 
tures of this administration were the Local Option law and 
the legislation regulating railroads. For some time public 
sentiment had been growing against the grasping power and 
extortionate greed of railroads. An effort was made in the 
Legislature of 1887 to give relief, but without success, and 
an adjournment was had, leaving the matter entirely unset- 



FROM 1877 TO 189^. 



395 




tied, much to the regret 
of the Governor and a 
large part of the people. 
Thereupon he called an 
extra session to consider 
this question. After an 
animated session, pro- 
longed through several 
weeks, a law waspassed 
forbidding railroads to 
pool with each other in 
keeping up the price of 
traffic, also forbidding 
them f r om charging 
higher rates for short 
distances than for longer 
ones over the same road 
and to the same market, 
also from charging small shippers higher rates per car than 
large ones. The law satisfied the public demands for a 
few years and since that time agitation of the subject has not 
been so urgent. 

263. The Local Option Law. — The local Option 

Law was enacted in i'B)S^ in the interest of temperance. It 
gave to each town of 2,500 population the right to decide, 
by a majority vote, whether or not intoxicating liquors should 
be sold therein as a beverage and to all the rest of the 
county, except such towns, the same privilege. Under this 
law nearly all of the principal towns and a majority of the 
counties held elections. In a majority of them the vote was 
against the selling of liquors, but in nearly every one of these 
cases the election was declared invalid because proper 
notice was not given in the newspapers, or because of some 
other leg-al defect. The whole State of Missouri was alive 



JOHN S. MARMADUKE. 



39^ 



HISTORY OF MISSOVBI. 



entered Yale College at the age 



with these elections in 1887 and 188S, but of late years pub- 
lic interest in them has much declined. 

264. Governor Marmaduke. — John Sappington 
Marmaduke was born in Saline county, in 1833, being a son 
of M. M. Marmaduke, who became Governor on the death 
of Thomas Reynolds in 1844. He was reared on the farm, 

of seventeen and West 
Point Military Academy 



at the age of twenty, 
from which he was grad- 
uated in 1857, and was 
assigned to duty in Utah 
as an officer in the regu- 
lar army under the re- 
nowned Albert Sidney 
Johnson. When civil 
war broke in mad fury 
over the land, he resign- 
ed from the United States 
army, organized a com- 
pany of State Guards 
and joined Governor 
Jackson at Boonville. 
Contrary to his advice, 
Governor Jackson, who 
was his uncle by marriage, ordered him to give battle to 
General Lyon at that place. He obeyed the order, led his 
little army to certain defeat in face of Lyon's stalwart 
troops, then quickly resigned from the State Guard, pro- 
ceeded to Richmond and tendered his sword to Jefferson 
Davis, and then went off to the war. He became a colonel 
in Albert Sidney Johnson's army, and, for gallant conduct 
at the battle of Shiloh, was breveted brigadier-general on 
the field. He subsequently took part in the war in Missouri 




A. p. MOREHOUSE. 



FROM 1877 TO 1892, 307 

and Arkansas. When the war was over he became a com- 
mission merchant in St. Louis. Afterwards he became 
interested in journalism and became owner of a farmer's 
paper called the yournal of Agriculture. In 1876 he was 
elected Railroad Commissioner, and in 1884 Governor, and 
served just three years, till December 28, 1887, on which 
day he died. Albert P. Morehouse, the Lieutenant-Gov- 
ernor, immediately succeeded to the office and held it for 
one year. Mr. Morehouse was a native of Ohio, who 
came to Missouri in 1856, and after teaching school for a 
time became a lawyer, and rose to eminence in northwest 
Missouri as a citizen. He served several terms in the Leg- 
islature and died in September, 1891. 

265. The Election of 1888.— At the election of 1888 

the Democratic candidate for Governor was David R. Francis 
of St. Louis, and the Republican was E. E. Kimball of 
Nevada. Francis w^as elected, and Stephen Claycomb of 
Jasper county, was chosen Lieutenant-Governor. 

266. David Rowland Francis was born in Ken- 
tucky in 1850, and moved with his parents to St. Louis in 
1866, where for four years he attended Washington Univer- 
sity, graduating with the degree of Bachelor of Arts in 1870. 
His expenses while at college were defrayed partly by money 
he had earned as a newsboy in Richmond, Kentucky, during 
the war, from 1861 to 1864. To complete his education he 
incurred a debt of several hundred dollars, which he repaid 
out of the first money earned after graduation. In 1870 he 
entered upon successful commercial pursuits, which he has 
continued to the present time. In 1884 he was president 
of the Merchants' Exchange. In March, 1885, he was 
elected Mayor o£ St. Louis, and in November, 1888, was 
elected Governor, and inaugurated January 14, 1889. In 
1896 he was called to the Cabinet by President Cleveland, as 



39S 



EISTOBY OF MISSOURI. 



Secretary of the Interior, 
and served the country 
as the head of the Inte- 
rior Department for about 
six months. During his 
administration as Gov- 
ernor the State Treas- 
urer became a defaulter 
in the sum of about 
thirty- two thousand dol- 
lars. The Governor 
promptly removed him 
from office, his bonds- 
men without suit made 
good the amount em- 
bezzled, and the default- 
ing officer was prosecuted 
and sent to the peniten- 
tiary. Lon V. Stephens, 
who afterwards was Governor, was appointed State Treas- 
urer to fill the vacancy. 

267. New Judges. — The Legislature submitted to 
the people at the general election of 1890 an amendment to 
the Constitution increasing the number of judges of the 
Supreme Court from five to seven. The amendment was 
adopted, and Governor Francis appointed George B. Mac- 
farlane, of Mexico, and John L. Thomas, of Hillsboro, to 
serve until January, 1893. At the election in 1893 three 
judges of this court, Thomas A. Sherwood, George B. 
Macfarlane and Gavon D. Burgess, were elected for a 
term of ten years. Three judges of this court will, there- 
fore, if the Constitution remams as it is, be elected in 
1902 and every ten years thereafter. At other general elec- 
tions once in two years, one judge of this court is elected to 




DAVID R. FRANCIS. 



FROM 1877 TO 1892. 



399 



serve for ten years. Once in 
two years the judges elect 
one of their number Chief 
Justice and the rule hereto- 
fore has been to honor with 
this preferment the judge 
who has served eight years 
of the term for which he 
was last chosen. At this 
time Judge Shepard Bar- 
clay, of. St. Louis, is the 
Chief Justice. The names 
of all the judges of the 
Supreme Court and the 
terms for which they were 
chosen may be found in the 
Appendix. 




JUDGE T. A. SHERWOOD. 



Questions on Chapter XXIII. 

Give a sketch of the life of John S. Phelps. (257) 
Who was elected Senator in 1873? (25S) 
What is said of him? (258) 
Who else are mentioned as Senators? (258) 
Give a sketch of the life of Mr. Vest. (259) 
Who w^ere the candidates for Governor in 1880? (260) 
Give a sketch of Governor Crittenden's life. (260) 
For what is his administration most remembered? (260) 
Give a sketch of the life of Judge Napton. (261) 
Who were the candidates for Governor in 1884? (262) 
What is said about the campaign? (262) 

What were the principal features of Marmaduke's adminis- 
tration? (262) 

13. What is said about legislation regulating railroads? (262) 

14. What is said of the Local Option Law? (263) 

15. Give a sketch of the life of John S. Marmaduke. (264) 

16. How long did he serve as Governor? (264) 

17. Who succeeded him? (264) 



I. 
2. 
3- 

4- 
5- 
6. 

7. 
. 8. 

9- 
10. 
II. 
12. 



400 



HISTORY OF MISSOURI. 



i8. What is said of Governor Morehouse? (264) 

19. What is said of the election of iSSS? (265) 

20. Give a sketch of the life of Mr. Francis. (266) 

Topical Outline of Chapter XXIII. 

1. John S Phelps. 

2. Lewis V. Bogy. 

3. George G. Vest. 

4. Thomas T. Crittenden. 

5. Hannibal & St. Joseph Railroad Debt. 

6. Judge Napton. 
From 1877 to 1892. \ 7. Election of 1884. 

8. Regulating Railroads. 

9. Local Option Law. 

10. John S. Marmaduke. 

11. Albert P. Morehouse. 

12. Election of 1888. 

13. David R. Francis. 



CHAPTER XXIV. 
FROM 1892 TO THE PRESENT TIME. 

268. The Election of 1892.— In 1893 the Republi- 
can party nominated Major William Warner of Kansas City 
as its candidate for Governor, and the Democrats nominated 
William J. Stone of Nevada. Both candidates were exceed- 
ingly able speakers and the campaign that followed was one 
of the most active ever known in the State. The main issue 
of the contest was the proper system of taxation by the Fed- 
eral Government — whether there should be a tariff for pro- 
tection or tariff for revenue only. In this campaign Leverett 
Leonard ot Saline county was a candidate of the new Populist 
or People's party for the office of Governor. At the polls 
Major Warner received 235,383 votes, Mr. Stone 365,044, 
Mr. Leonard 37,363. There were also 3,393 votes cast for 
John Sobieski, the Prohibition candidate. Mr. Stone re- 
ceived 39,661 more votes than did Major Warner, and was 
elected. 



FROM 1892 TO THE PRESENT TIME. 



401 



269. William J. Stone. — William Joel Stone was 
born near Richmond in Madison county, Kentucky, in 1848, 
his ancestors having come 
to that State from Vir- 
ginia. He was reared on 
his father's farm, and 
attended the neighbor- 
hood schools and the 
seminary at Richmond. 



In 1S63 he came to Mis- 
souri and was educated 
at the State University 
at Columbia. In 1869 
he was admitted to the 
bar, served as city attor- </J\^ 
ney of Columbia for a 
few months and in 1870 
removed to Nevada, and 
soon became one of the 
most prominent citizens 
and lawyers of south- 
west Missouri. In 1SS4 

he was elected to Congress and served in the House of Rep- 
resentatives for six years. While a member of that body 
•the tenacious contest arose in Congress over the forfeiture of 
the immense land grants made to Western and Southern 
railroads between 1S62 and 1868. Mr. Stone contended 
that these lands ought to be restored to the public domain for 
the reason that the railroads had not complied w^ith the terms 
of the grants. He became a leader on the side of those 
urging that the grants be forfeited, and as a result of this 
movement about sixty million acres were restored to the 
Government while he was a member of Congress. In 1892 
he became Governor, and during his term led in the organi- 
z6 




WILLIAM J. STONE. 



402 HISTORY OF MISSOUBI. 

zation of the Democratic party of the State in behalf of the 
free and unlimited coinage of silver. 

270. Decrease In Revenues. — In 1893 the valuation 

of all property in the State, as ascertained by the assessments 
made by the county assessors and the changes" made by the 
State Board of Equalization in equalizing these assessments, 
slightly exceeded the sum of nine hundred million dollars. 
Up to that time the rate of taxation for State purposes had 
been twenty cents on the hundred dollars valuation. But by 
the Constitution when the entire valuation exceeds ^line hun- 
dred millions, this rate must not exceed fifteen cents on each 
hundred dollars worth of property. Hence., it may be 
seen that the revenues of the State were nearly one fourth 
less for the next few years than they had been for sometime 
prior to 1893. Nevertheless the State government was not 
impaired nor greatly, embarrassed by this sudden change. 
By proper economy it was able to appropriate one third of 
its revenue to the public schools, and besides built the main 
edifice to the State University, whose buildings had been 
burned in 1893, and made additions to about half of the edu- 
cational and eleemosynary institutions of the State, and 
paid all claims against the Treasury when presented. 

271. Strikes. — During Governor Stone's term there 
was a strike among the coal miners throughout the country, 
which was accompanied with violence in many States. The 
militia were called out in Ohio, Kansas, Tennessee and 
other States to restore order. A strong effort was made to 
involve the miners of Missouri in this strike; but because of 
the prompt and wise action taken by the Administration, 
assisted by employers and leaders among the miners, all 
trouble here was averted. It is a matter of just pride that 
no extensive strike ever originated in Missouri and that at 
all times the difficulties between laborers and the managers 



FBOM 1892 TO THE PRESENT TIME. 



403 



of railroads, mines and other large business concerns, have 
been readily adjusted. 

About the first of July, 1894, a strike by the employees 
of railroads extended over a great part of the country. 
Traffic was interrupted, commerce greatly impeded, and in 
some places there w^as violence, bloodshed, and destruction 
of property. But happily in Missouri traffic was not materi- 
ally interrupted except on three railroads, and on these the 
trouble continued for only three or four days; nor was there 
any destruction of property or bloodshed. It was in this 
strike that President Cleveland sent Federal troops into 
Illinois and Indiana to restore order. This was done at the 
time when the strike was at its worst, and it was supposed 
that if like conditions arose in Missouri Federal troops 
might also be sent into this State. Governor Stone quickly 
took the position that for the President to send Federal troops 
into a State without having been called on to do so by the 
Governor or Legislature thereof, was a dangerous precedent 
and in violation of that part of the Constitution which says: 
"The United States shall guarantee to every State a repub- 
lican form of government, and shall protect each of them 
against invasion ; and on application of the Legislature, or 
the Executive (when the Legislature can not be convened) 
against domestic violence." No Legislature had applied 
to the President for assistance, no Legislature had been con- 
vened for that purpose in any State, nor had any Governor 
formally applied for assistance. But, on the contrary, it 
was urged in behalf of the President's action that tlie strike 
was interfering with interstate commerce and with the carry- 
ing of the Government mails, and that therefore the Presi- 
dent had authority to send Federal troops into the States 
under two clauses of the Constitution, which say that "Con- 
gress shall have power to regulate commerce among the 
several States" and that "Congress shall have power to 



404 



HISTORY OF MISSOUBI. 



establish post offices and post roads." It was further urged 
that the strike was worst on the border line between two 
States ; that the strikers were stopping the mails and the 
carrying on of commerce over roads leading from one State 
into another, and that the strikers could easily pass from one 
State, where they were held in check by the State forces, 
into another and there continue their destruction of property 
before the authorites of the latter State could give relief. 
The point raised by Governor Stone is an interesting one 
for students of the Constitution, and necessarily involves 
difficulties in its proper solution. It has often been discussed 
since, and some leading men of Missouri have opposed the 
position taken by him, and others equally prominent have 
indorsed it. 

272. Cyclones. — In late years destructive storms, pop- 
ularly called cyclones or tornadoes, have occurred in the West, 
and in most States in the Upper Mississippi valley. They 
have occurred in various parts of Missouri, but only the 
three that were most destructive of life and property will be 
mentioned. In 1878 a violent storm swept down on Rich- 
mond, in Ray county, killing more than a score of people, 
and destroying many houses. Another, equally destruc- 
tive of life and property, overtook the town of Marsh- 
field, in Webster county, in 1880. But the worst cyclone 
perhaps ever known in the West, was the one which came 
down on St. Louis late in the afternoon of May 27, 1896. 
It came from a southwesterly direction, and mowed a wide 
way for itself through the city. Churches, residences, fac- 
tories, parks, buildings of every kind were destroyed. It 
caused the death of two hundred and twenty people in the 
city, twelve boats on the river were lost, eight thousand, 
three hundred houses were either destroyed or badly dam- 
aged, and parts of the great railroad bridge over the Mississ- 
ippi were blown down. But wherever these storms have 



FROM 1892 TO THE PBESENT TIME. 



405 



occurred, the survivors have soon set aside their fears, gath- 
ered their energies together again and repaired the loss of 
property. The number of deaths in the whole State caused 
by them is far less than that caused by a disease of ordinary 
violence, and the value of the property destroyed is not to be 
compared to that consumed by fire; and, beyond q[uestion, 
many people have permitted themselves to unnecessarily 
exaggerate their danger. 

273. Election of 1896.— For the election of 1896 the 
Democrats nominated Lon V. Stephens, of Boonville, for 
Governor, and the Republicans nominated Robert E. Lewis 
of Clinton. The Populists nominated Orville D. Jones of 
Edina, but in a month or two after his nomination Judge 
Jones withdrew in favor of Mr. Stephens. The campaign 
was a stirring one from the beginning. Mr. Stephens was 
elected, receiving 43,233 more votes than Mr. Lewis. 

274. Governor Stephens.— Lon V. Stephens was 

born in Boonville, Missouri, December 21, 1858, being a 
son of the w^ell known 



Joseph L. Stephens, who 
for many years was one 
of the most prominent 
business men of the 
State, and himself a can- 
didate for the Democratic 
nomination for Governor 
in 1S72. He was prepar- 
ed for college in the fa- 
mous Kemper Family 
School of Boonville, and 
was then sent to Wash- 
insfton and Lee L^niver- 



sity 



at Lexington, 



Vir- 




GOVERNOR LON V. STEPHENS. 



4o6 HISTORY OF MISSOURI. 

ginia. After making- a tour of Europe, and learning the arts of 
telegraphy and printing, he became identified with his father's 
bank in Boonville, serving as bookkeeper, cashier, and direc- 
tor, and here re. eived the training which soon made him 
conspicuous among the younger business men of Missouri. 
In 1SS7 he was made receiver of the Fifth National Bank of 
St. Louis, which had become bankrupt, and so successfully 
wound up its affairs as to attract the attention of the State. 
In March, 1890, he was appointed State Treasurer to fill 
out the term of Mr. Noland who had been removed, and in 
1S93 elected to the same position for a term of four years. 
While in this office he became identified with those w^ho 
were urging the cause of the free and unlimited coinage of 
silver, which had gained control of the Democratic party in 
Missouri, and at the State convention was nominated for 
Governor by acclamation, and elected to that office in No- 
vember. 

275. Conclusion. — The census of 1890 gave the pop- 
ulation of the state as 3,679,184. This had been an increase 
of nearly four hundred per cent in forty years, or from 
683,000 in 1850. No country in the world can show a more 
industrious, peaceable people, honestly devoted to the 
highest pursuits of civilized life. The population is scattered 
pretty evenly over the entire State. It is free from the bane- 
ful and deteriorating influences of very large cities, and the 
enervating effects of being separated from the throbbing, 
busy humanity of the world. 

The area of the State is sixty-eight thousand, seven hun- 
dred and thirty-five square miles, and it is divided into one 
hundred and fourteen counties. There are over six thousand 
miles of railroad, and the taxable wealth of the State is about 
nine hundred and fifty million dollars. The State debt is 
about six millions, and the bonds sell readily and almost as 
high in the markets of the world as those of the United 



FROM 1892 TO THE PRESENT TIME. 



407 



States. The territory is well supplied with rivers, and the 
annual rainfall is large. There are lead, iron and zinc in 
untold quantities. A large part of the State is underlaid 
with excellent coal, and these beds are to be found in ready 
access to each county. Numerous other mineral products 
are found in large quantities and of excellent quality. The 
State is so rich in everything that contributes to the comforts 
of man that it could be made to supply the wants of twenty- 
five millions of people. There is a strong central university 
at Columbia, and two others in St. Louis, namely, Wash- 
ington University, and the St. Louis University. There are 
not less than one hundred and ninety colleges, academies 
and seminaries ; the strongest colleges being William Jewell 
at Liberty, Central at Fayette, Westminster at Fulton, 
Drury at Springfield, Central College for Young Ladies at 
Lexington, Stephens and Christian at Columbia, Park at 
Parkville, Hardin at Mexico, and Missouri Valley at Mar- 
shall, and for the training of teachers there are the three 
State Normals at Warrensburg, Cape Girardeau, and Kirks- 
ville. There are schools for the education of physicians 
and lawyers, also commercial schools. Besides, there are 
many high schools in the better towns and nearly ten thou- 
sand public and private schools. The inhabitants of Mis- 
souri have always been a religious people, and in every 
county and town, and in almost every township, there are 
faithful men of God proclaiming the Gospel. The leading 
religious denominations are Baptist, Methodist, Catholic, 
Presbyterian, Christian, Episcopalian, Lutheran and Con- 
gregationalist. 

Questions on Chapter XXIV. 

1. Who were the candidates for Governor in 1892? (268) 

2. What is said of the campaign? (268) 

3. Who was elected? (268) 

4. Give a sketch of the life of William J. Stone. (269) 



4o8 BISTORT OF MISSOURI. 

5. What about forfeiture of railroad grants? (269) 

6. What is said about the valuation of property in 1892? (270) 

7. What is said of the coal miner's strike? (271) 

8. What is said of the strike among the employees of railroads? 

(271) 

9. What did President Cleveland toward restoring order? (271) 

10. On what ground did Governor Stone object to this? (271) 

11. What part of the Federal Constitution did he claim it was in 

violation of? (271) 

12. What was urged in behalf of President Cleveland's action? 

(271) 

13. What is said of cyclones? (273) 

14. Who were the candidates for Governor in 1896? (273) 

15. Who was elected? (273) 

16. Give a sketch of the life of Governor Stephens. (274) 

17. Mention some of the matters stated in conclusion. (275) 

Topical Outline of Chapter XXIV. 

1. Election of 1892. 

2. William J. Stone. 
( I. Among Coal Miners. 

St "k ) ^" -^"^oi^g Railroad Employees. 
From 1892 to The , ■^' ^^ ^'1 3. Positions of the Governor and 
Present Time. "^ (^ President. 

4. Cyclones. 

5. Election of 1896. 

6. Lon V. Stephens. 
^ 7. Conclusion. 



APPENDIX. 



STATE OFFICERS. 

The following list gives the Governors of Missouri during its 
entire history and the names of other officers since Missouri became a 
State, and the dates of their official tenure. 

Spanish Lieutenant-Governors— Pedro Piernas, 1770-75; 
Francisco Cruzat, 1775-78; Fernando De Leyba, 1778-80; Francisco 
Cruzat, 1780-87; Manuel Perez, 1787-92; Zenon Trudeau, 1792-99; 
Carlos Dehault Delassus, 1799-1804. 

Territorial Governors — William Henry Harrison, 1804-05; 
James Wilkinson, 1805-06; James Brown, Secretary and Acting 
Governor, 1806-07 ; Frederick Bates, Secretary and Acting Governor, 
May, 1807, to October, 1807; Meriwether Lewis, 1807-09; Frederick 
Bates, Secretary and Acting Governor, 1809-10; Benjamin Howard, 
1810-12; Frederick Bates, Secretary and Acting Governor, 1812-13; 
William Clark, 1813-20. 

State Governors — Alexander McNair, 1820-24; Frederick 
Bates, 1824-25; Abraham J. Williams, August to December, 1825; 
John Miller, 1825-32; Daniel Dunklin, 1832-36; L. W. Boggs, 1836-40; 
Thomas Reynolds, 1840-44; M. M. Marmaduke, February to Novem- 
ber, 1844; John C. Edwards, 1844-48; Austin A. King, December, 
1848, to January, 1853; Sterling Price, 1853-57 ; Trusten Polk, 1857-57; 
Robert M. Stewart, 1857-61; Claiborne F. Jackson, inaugurated 1861, 
deposed July 31, 1861, died October, 1862; Thomas C. Reynolds in 
Jackson's stead from October, 1862, till 1865; Hamilton R. Gamble, 
Provisional Governor, 1861-64; Willard P. Hall in Gamble's place, 
1864-65; Thomas C. Fletcher, 1865-69; Joseph W. MeClurg, 1869-71; 
B. Gratz Brown, 1871-73; Silas Woodson, 1873-75; C. H. Hardin, 
1875-77; John S. Phelps, 1877-81; T. T. Crittenden, 1881-85; John 
S. Marmaduke, 1885-88; A. P. Morehouse, 1888-89; D. R. Francis, 
1889-93; William J. Stone, 1893-97; Lon V. Stephens, 1897- . 

(409) 



4IO 



APPENDIX. 



Lieutenant-Governors — ^William H. Ashley, St. Louis, 1820 
to November, 1824; Benjamin H. Eeeves, Howard County, elected in 
1824 and resigned within a few months to become a member of the 
commission which opened up the noted road from Leavenworth to 
Santa Fe; Daniel Dunklin, Washington County, 1828-32; Lilburn W. 
Boggs, Jackson County, 1832-36; Franklin Cannon, Cape Girardeau, 
1836-40; M. M. Marmaduke, Saline County, 1840 to February 9, 1844; 
James Young, Lafayette County, 1844-48; Thomas L. Price, Cole 
County, December, 1849, to January, 1853; Wilson Brown, Cape 
Girardeau, 1853-57; Hancock Jackson, Randolph County, 1857-61; 
Thomas C. Reynolds, St. Louis, elected 1860 and office declared 
vacant July 30, 1861, by the Convention, and Willard P. Hall, 
Buchanan County, chosen to of&ce provisionally and served till 
January 31, 1864; George Smith, Caldwell County, 1865-69; Edwin 
O. Stanard, St. Louis, 1869-71; Joseph J. Gravelly, Cedar County, 
1871-73; Charles P. Johnson, St. Louis, 1873-75; Norman J. Colman, 
St. Louis, 1875-77; Henry C. Brockmeyer, St. Louis, 1877-81; Robert 

A. Campbell, St. Louis, 1881-85; Albert P. Morehouse, Nodaway 
County, 1885-88; Stephen H. Clay comb, Jasper County, 1889-93; 
John B. O'Meara, St. Louis, 1893-97; A. H. Bolte, Franklin County, 
1897- . 

Secretaries of State (Appointed by Governor up to 1852; 
thereafter elected by the people) — Joshua Barton, St. Louis County, 
1820-21; W. G. Pettus, St. Charles, 1821-24; Hamilton R. Gamble, 
Howard County, 1824-26; Spencer Pettis, St. Louis County, 1826-28; 
P. H. McBride, Boone County, 1829-30; John C. Edwards, Cole 
County, 1830-35; Henry Shurlds, Washington County, 1835-37; Peter 
G. Glover, Callaway County, 1837-39; James L. Minor, Marion 
County, 1839-45; F. M. Martin, Jefferson County, ] 845-49; Ephraim 

B. Ewing, Ray County, 1849-53; John M. Richardson, Greene 
County, 1853-57; Benjamin F. Massey, Jasper County, 1857-61; 
Mordecai Oliver, Greene County, selected by Convention in place of 
Massey removed, 1861-65; Francis Rodman, Buchanan County, 
1865-71; E. G. Weigel, St. Louis, 1871-75; M. K. McGrath, St. 
Louis, 1875-89; A. A. Lesueur, Lafayette, 1889-97: A. A. Lesueur, 
1897- . 

State Treasurers (Appointed by Governor till 1852; there- 
after elected by the people) — Peter Didier, St. Louis County, 
1820-21; Nathaniel Simonds, St. Louis County, 1821-28; James 
Eariekson, Howard County, 1829-33; John Walker, Cole County, 



STATE OFFICERS. 4 1 1 

1833-38; Abraham McClellan, Jackson County, 1838-43; Peter J. 
Glover, Cole County, 1843-51; A. W. Morrison, Howard County, 
1851-61; George C. Bingham, Jackson County, 1862-65, elected by 
Convention; Wm. Bishop, Cass County, 1865-69; W. Q. Dallmeyer, 
Cole County, 1869-71; Samuel Hayes, Buchanan County, 1871-73; 
Harvey W. Salmon, Henry County, 1873-75; Joseph Mercer, Jackson 
County, 1875-77; Elijah Gates, Buchanan County, 1877-81; Phil. 
Chappell, Cole County, 1881-85; John M. Seibert, Cape Girardeau 
County, 1885-89; Ed. T. Noland, Jackson County, 1889-90; Lon V. 
Stephens, Cooper County, 1890-97; Frank L. Pitts, Monroe County, 
1897- . 

Attorney-Generals — Edward Bates, St. Louis County, 1820-21; 
Rufus Eastcn, St. Louis, 1820-26; Robert W. Wells, Cole County, 
1826-36; W. B. Napton, Howard County, 1836-39; S. M. Bay, Cole 
County, 1839-45; B. F. Striugfellow, Chariton County, 1845-49; 
William A. Robarts, Boone County, 1849-51; James B. Gardenhire, 
Buchanan County, 1851-57; Eph. B. Ewing, Ray County, 1857-59; 
J. Proctor Knott, Scotland County, 1859-61; Aikman Welsh, Johnson 
County, 1861-64, appointed; T. T. Crittenden, Johnson County, 1864-65; 
Robert F. Wingate, St. Louis, 1865-69; Horace P. Johnson, Cole 
County, 1869-71; A. J. Baker, Schuyler County, 1871-73; H. Clay 
Ewing, Cole County, 1873-75; John A. Hockaday, Callaway County, 
1875-77; Jackson L. Smith, Cole County, 1877-81; D. H. Mclntyre, 
Audrain County, 1881-85; B. G. Boone, Henry County, 1885-89; 
John M. Wood, Clark County, 1889-93 ; Robert Frank W^alker, Morgan 
County, 1893-97; Edward C. Crow, Jasper County, 1897- . 

State Auditors (Appointed by Governor till 1852; thereafter 
elected by the people)— William Christie, St. Louis, 1820-21; W. V. 
Rector, St. Louis, 1821-23; Elias Barcroft, St. Louis, 1823-33; Henry 
Shurlds, Washington County, 1833-35; Peter G. Glover, Callaway 
County, 1835-37; Hiram B. Baber, Cole County, 1837-45; William 
Monroe, Morgan County, February to December, 1845; J. R. McDear- 
mon, St. Charles, 1845-48; George W. Miller, Cole County, 1848-49; 
Wilson Brown, Cape Girardeau, 1849-53; W. F. Buffington, Cole 
County, 1853-61; W. S. Mosely, New Madrid County, 1861-65; Alonzo 
Thomson, Nodaway County, 1865-69; D. M. Draper, Montgomery 
County, 1869-73; George B. Clark, Washington County, 1873-75; 
Thomas Holladay, Madison County, 1875-81 ; John Walker, Howard 
County, 1881-89; James M. Seibert, Cape Girardeau, 1889-97; James 
M. Seibert, 1897- . 



412 



APPENDIX, 



JUDGES OF SUPREME COURT.^ 



Appointed "by Governor till 1851 ; thereafter elected by the people. 
Mathias McGirk, Montgomery County, 1822-41; William Scott, Cole 
County, 1841-62, and then removed for failure to file oath ; John D.- 
Cook, Cape Girardeau, 1822-23; RufusPettibone, Pike County, 1823-25; 
Robert Wash, St. Louis, 1825-37; John C. Edwards, May to Decem- 
ber, 1837; William B. Napton, Saline County, 1839-52; John F. 
Ryland, 1852-58; W. B. Napton, 1858-62, and then removed for fail- 
ure to file oath; John Rice Jones, Pike County, 1822-24; George 
Tompkins, Howard County, 1824-45; P. H. McBride, Monroe County, 
1845-49 ; J. H. Birch, Clinton County, 1849-52 ; Hamilton R. Gamble, 
St. Louis, 1851-54; Abiel Leonard, Howard County, 1855-58; John C. 
Richardson, 1858-59; E. B. Ewing, Ray County, 1.859-62, and then 
removed by convention for failure to sign oath; Barton Bates, St. 
Charles, W. V. N. Bay, Franklin County, J. D. S. Dryden, Marion 
County, appointed in January, 1862, by Governor Gamble, elected by 
people 1863, and ousted by convention of 1865, Bates resigning, and 
Dryden and Bay being removed by Governor Fletcher. David Wag- 
ner, appointed, 1865-69; Nathaniel Holmes, 1865-68; James Baker, 
1868-69; W. L. Lovelace, 1865-66; T. J. C. Flagg. 1866-69. In 1868 
three judges were elected; David Wagner, Scotland County, for six 
years, 1869-75; Warren Currier, 1869-73; Philemon Bliss, Boone 
County, for two years, 1869-71; Currier resigned in 1871, and Wash- 
ington Adams, Cooper County, was appointed till 1873, H. M. Vories, 
St. Joseph, 1873-79; Washington Adams, 1873-75; Ephraim B. Ewing, 
from January to June, 1873, deceased, and W. B. Napton appointed to 
fill vacancy till January, 1875, then elected and served till 1881; 
Thomas A. Sherwood, Greene County, 1873-83; Warwick Hough, Jack- 
son County, 1875-85; John W. Henry, Macon County, 1877-87; Elijah 
H. Norton, Platte County, 1879-89; Robert D. Ray, Carroll County, 
1881-91; Thomas A. Sherwood, 1883-93; Francis M. Black, Jackson 
County, 1885-95; Theodore Brace, Monroe County, 1887-97; ^Shepard 
Barclay,^ St. Louis, 1889- ; ^James B. Gantt, Henry County, 1891- ; 
John L. Thomas, Jefi:"erson County (appointed), 1891-93; ^George B. 
Macfarlane, Audrain County (appointed), 1891-93: ^George B. Mae- 
farlane, 1893- ; ^ Thomas A. Sherwood, Greene County, 1893- ; 



*Since 1873 the term of the office of Supreme Judge has been ten years. 
^Constitute Division No. i of present court; 2Constitute Division No. 2 of pres- 
ent court; sChief Justice at present. 



UNITED STATES SENATORS. 



413 



^Gavon D. Burgess, Linn County, 1893- ; iWaltour M. Robinson, 
Jasper County, 1895- ; ^ Theodore Brace, Monroe County, 1897- . 

Speakers of the House of Representatives. — James Cald- 
well, 1820-21; Henry S. Geyer, 1821-26; Alex. Stewart, 1826-28; 
John Thornton, 1828-32; Thomas Reynolds, 1832-34; John Jameison, 
1834-38; Thomas H. Harvey, 1838-40; Sterling Price, 1840-44; Clai- 
borne F. Jackson, 1844-48; Alex. M. Robinson, 1848-50; Nathaniel 
W. WatHns, 1850-52; Ruben Shelby, 1852-54; William Newland, 
1854-56; Robert C. Harrison, 1856-57; James Childs, 1857-58; John 
F. Coffe, 1858-60; Christian Kribben, February to December, 1860; 
John McAfee, 1860; Q. L. Marvin, 1763-64; Walter L. Lovelace, 
1864-65; Andrew J. Harlam, 1865-69; James C. Orrick, 1869-71; R. 
P.C.Wilson, 1871-73; Mortimer Mellhaney, 1873-75; B. G. Boone, 
1875-77; John F. Williams, 1877-79; J. Edwin Belch, 1879-81; T. P. 
Bashaw, 1881-83; Joseph S. Richardson, 1883-85; John M. Wood, 
1885-87; John W. Alexander, 1887-89; Joseph J. Russell, 1889-91; 
Wilbur F. Tuttle, 1891-93; Thomas W. Mabrey, Ripley County, 1893- 
95; Benj. F. Russell, Crawford County, 1895-97; John W. Farris, 
Laclede County, 1897- . 



UNITED STATES SENATORS. 

(^) 
David Barton, Howard County, 1821-30; Alex. Buckner, Cape 
Girardeau, 1830-33, Lewis F. Linn, Ste. Genevieve, 1833-43; David 
R. Atchison, Platte County, 1843-55 — no successor till 1857; James S. 
Green, Lewis County, 1857-61 ; Waldo P. Johnson, St. Clair County, 
elected, resigned and expelled in 1861; Robert Wilson, Andrew 
County, 1862-63; B. Gratz Brown, St. Louis, 1863-67; Charles D. 
Drake, St. Louis, 1867-70; D. T. Jewett, St. Louis, 1870-71; Frank P. 
Blair, St. Louis, 1871-73; Lewis V. Bogy, St. Louis, 1873-77; D. H. 
Armstrong, St. Louis, 1877-79; James Shields, Carroll County, 1879-79; 
George G. Vest, Pettis County, 1879- 

Thomas H. Benton, St. Louis, 1821-51; H. S. Geyer, St Louis, 
1851-57; Trusten Polk, 1857-61, resigned and was expelled; John B. 
Henderson, Pike County, 1862-69; Carl Sehurz, St. Louis, 1869-75; 
Francis M. Cockrell, Johnson County, 1875- . 



414 



APPENDIX. 



EBPRBSBNTATIVBS IN CONGRBSS. 



17th, 18th and 19th Congress (1821-27)— John Scott, Ste. Genevieve. 

20th Congress (1827-29)— Edward Bates, St. Louis. 

21st Congress (1829-31)— Spencer Pettis, St. Louis. 

22nd Congress (1831-33)— William H. Ashley, St. Louis. 

23rd Congress (1833-35)— William H. Ashley, St. Louis, and John Bull, 

Howard County. (Elections by general ticket till 1S46.) 
24th Congress (1835-37) — William H. Ashley, St. Louis, and Albert G. 

Harrison, Callaway County. 
25th Congress (1837-39)— John Miller and Albert G. Harrison. 
26th Congress (1839-41) — John Miller and John Jameison, Cailaway 

County. 
27th Congress (1841-43)— John Miller and John C. Edwards. 
28th Congress (1843-45) — James M. Hughes, Clay County; James H. 

Eelfe, Washington County; John Jameison, Callaway County; 

James B. Bowlin, St. Louis, and Gustavus M. Brown, Monroe 

County. 
29th Congress (1845-47) — James B. Bowlin, St. Louis; James H. Eelfe, 

Washington County; Sterling Price, Chariton County (resigned 

and was succeeded by William McDaniel, Marion County) ; 

John S. Phelps, Greene County, and Leonard H. Sims, Greene 

County. 
30th Congress (1847-49) — 1st District, James B. Bowlin, St. Louis; 

2nd, John Jameison, Callaway County; 3rd, James S. Green, 

Lewis County; 4th, Willard P. Hall, St. Joseph; 5th, John S. 

Phelps, Springfield. 
31st Congress (1849-51)— 1st District, James B. Bowlin; 2nd, W. V. 

N. Bay, Franklin County; 3rd, James S. Green; 4th, Willard 

P. Hall; 5th, John S. Phelps. 
32nd Congress (1851-53)— 1st District, John F. Darby, St. Louis; 2nd, 

Gilchrist Porter, Pike County; 3rd, John G. Miller, Cooper 

County; 4th, Willard P. Hall; 5th, John S. Phelps. 
33rd Congress (1853-55) — Lst District, Thomas H. Benton, St. Louis; 

2nd, Alfred W. Lamb, Marion County; 3rd, John G. Miller; 

4th, Mordeeai Oliver, Kay County; 5th, John S. Phelps; at 

large, James J. Lindley, Lewis County, and Samuel Caruthers, 

Madison County. 
3ttth Congress (1855-57) — 1st District, L. M. Kennett, St. Louis; 2nd, 

Gilchrist Porter; 3rd, J. J. Lindley; 4th, Mordecai Oliver; 

5th, Thomas P. Akers, Lafayette County; 6th, John S. Phelps; 

7th, Samuel Caruthers. 



REPRESENTATIVES IN CONGRESS. 



415 



35th Congress (1857-59)— 1st District, Francis P. Blair, St. Louis; 
2nd, T. L. Anderson, Monroe County; 3rd, John B. Clark, 
Howard County; 4th, James Craig, St. Joseph; 5th, James H. 
Woodson, Jackson County; 6th, John S. Phelps; 7th, Samuel 
Caruthers. 

36th Congress (1859-61)— 1st District, J. E. Barrett, St. Louis; 2nd, 
T. L. Anderson; 3rd, John B. Clark; 4th, James Craig; 5th, 
S. H. Woodson; 6th, John S. Phelps; 7th, John W. Noell, St. 
Francois County. 

37th Congress (1861-63) — 1st District, Francis P. Blair (resigned and 
J. R. Barrett elected); 2nd, James S. Rollins, Boone County; 
3rd, John B. Clark (expelled and William A. Hall elected in 
his stead); 4th, E. H. Norton, Platte County; 5th, John W. 
Reid, Jackson County (expelled and Thomas L. Price, Cole 
County, elected); 6th, John S. Phelps; 7th, John W. Noell. 

38th Congress (1863-65) — 1st District, James Knox, St. Louis; 2nd, 
Henry T. Blow, St. Louis; 3id, John W. Noell (died, and John 
G. Scott, Jefferson County, elected); 4th, Semphronius H. 
Boyd, Greene County; 5th, Joseph W. McClurg, Camden 
County; 6th, Austin A. King, Ray County; 7th, Benjamin F. 
Loan, Buchanan County; 8th, William A. Hall, Randolph 
County; 9th, James S. Rollins. 

39th Congress (1865-67) — 1st District, John Hogan, St. Louis; 2nd, 
Henry T. Blow; 3rd, Thomas Noell, St. Francois County; 4th, 
John R. Kelsoe; 5th, Joseph W. McClurg; 6th, Robert T. Van 
Horn, Kansas City; 7th, Benjamin F. Loan, Buchanan County; 
8th, John F. Benjamin, Shelby County; 9th, George W. Ander- 
son, Pike County. 

40th Congress (1867-69)— 1st District, William A. Pile, St. Louis; 2nd, 
C. A. Newcombe; 3rd, Thomas E. Noell (deceased, and J. R. 
McCormick, Iron County, elected); 4th, J. J. Gravelly, Cedar 
County; 5th, Joseph W. McClurg (resigned, and John H. 
Stover, Morgan County, elected); 6th, R. T. Van Horn; 7th, 
B. F. Loan; 8th, John F. Benjamin; 9th, George W. Anderson. 

41st Congress (1869-71)— 1st District, Erastus Wells, St. Louis; 2nd, 
G. A. Finkelnburg, St. Louis; 3rd, J. R. McCormick; 4th, S. 
H. Boyd, Greene County; 5th, S. S. Burdette, St. Clair County; 
6th, Robert T. Van Horn ; 7th, Joel F. Asper, Livingston Coun- 
ty; 8th, J. F. Benjamin; 9th, Pat Dyer, Pike County. 



4i6 APPENDIX. 

42nd Congress (1871-73)— 1st District, Erastus Wells; 2nd, G. A. 
Finkelnburg; 3rd, J. R. McCormick; 4th, H. E. Havens, Greene 
County; 5th, S. S. Burdette; 6th, A. Comingo, Jackson County ; 
7th, I. C. Parker, St. Joseph; 8th, James G. Blair, Lewis 
County; 9th, Andrew King, St. Charles County. 

43rd Congress (1873-75)— 1st District, E. O. Stanard, St. Louis; 2nd, 
Erastus Wells; 3rd, W. H. Stone, St. Louis; 4th, Eobt. A. 
Hatcher, New Madrid; 5th, Richard P. Bland, Laclede 
County; 6th, H. E. Havens; 7th, T. T. Crittenden, Johnson 
County; 8th, Abram Comingo; 9th, I. C. Parker; 10th, I. B. 
Hyde, Mercer County; 11th, John B. Clark, Jr., Howard 
County; 12th, John M. Glover, Lewis County; 13th, A. H 
Buckner, Audrain County. 

44th Congress (1875-77) — 1st District, Edward C. Kehr, St. Louis; 2nd, 
Erastus Wells, St. Louis; 3rd, Wm. H. Stone, St. Louis; 4th, 
Robt. A. Hatcher; 5th, Richard P. Bland; 6th, Chas. H. 
Morgan, Lamar; 7th, John P. Philips, Sedalia; 8th, Benjamin 
J. Franklin, Kansas City; 9th, David Rea, Savannah; 10th, 
Rezin A. DeBolt, Trenton; 11th, John B. Clark, Jr.; 12th, 
John M. Glover, La Grange; 13th, Aylett H. Buckner, Mexico. 

45th Congress (1877-79) — 1st District, Anthony Ittner, St. Louis; 2nd 
Nathan Cole, St. Louis; 3rd, Lyne S. Metcalf, St. Louis; 4th 
Robt. A. Hatcher; 5th, Richard P. Bland; 6th, Chas. H. 
Morgan; 7th, T. T. Crittenden; 8th, Benjamin J. Franklin; 
9th, David Rea; 10th, Henry M. Pollard, Chillicothe; 11th, 
John B. Clark, Jr. ; 12th, John M. Glover; 13th, Aylett H. 
Buckner. 

46th Congress (1879-81) — 1st District, Martin L. Clardy, Farmington; 
2nd, Erastus Wells, St. Louis; 3rd, R. Graham Frost, St. 
Louis; 4th, Lowndes H. Davis, Jackson; 5th, Richard P. 
Bland; 6th, James R. Waddill, Springfield; 7th, Alfred M. 
Lay, Jefferson City (died 1879, John F. Philips, elected); 8th, 
Sam. L. Sawyer, Independence; 9th, Nicholas Ford, Andrew 
County; 10th, Gideon F. Rothwell, Moberly; 11th, John B. 
Clark, Jr.; 12th, Wm. H. Hatch, Hannibal; 13th, Aylett H. 
Buckner. 

47th Congress (1881-83)— 1st District, Martin L. Clardy; 2nd, Thos. 
Allen, St. Louis, died, and succeeded by James H. McLean, 
St. Louis; 3rd, R. Graham Frost; 4th, Lowndes H. Davis; 



REPRESENTATIVES IN CONGRESS. 



417 



, 5th, Richard P. Bland ; 6th, Ira S. Hazeltine, Springfield ; 7th, 
Huron M. Riee, Boonville; 8th, R. T. Van Horn; 9th, Nicholas 
Ford; 10th, Joseph H. Burrows, Gainesville; 11th, John B. 
Clark, Jr.; 12th, Wm. H. Hatch; 13th, Aylett H. Buekner. 

48th Congress (1883-85)— 1st District, W. H. Hatch; 2nd, Armstead 
M. Alexander, Paris; 3rd, Alexander M. Dockery, Galla,tin; 
4th, James N. Burnes, St. Joseph; 5th, Alex. Graves, Lexing- 
ton; 6th, John Cosgrove, Boonville; 7th, Aylett H. Buekner; 
8th, John J. O'Neil, St. Louis; 9th, James O. Broadhead, St. 
Louis; 10th, Martin L. Clardy; 11th, Richard P. Bland; 12th 
Chas. H. Morgan; 13th, Robert W. Fyan, Marshfield; 14th 
Lowndes H. Davis. 

49th Congress (1885-87)— 1st District, Wm. H. Hatch; 2nd, John B. 
Hale, Carrollton; 3rd, Alex. M. Dockery; 4th, James N. 
Burnes; 5th, Wm. Warner, Kansas City; 6th, John T. Heard, 
Sedalia; 7th, John E. Hutton, Mexico: 8th, John J. O'Neil; 
9th, John M. Glover, St. Louis; 10th, Martin L. Clardy; 11th, 
Richard P.Bland; 12th, Wm. J. Stone, Nevada; 13th, Wm. 
H. Wade, Springfield; 14th, Wm. Dawson, New Madrid. 

50th Congress (1887-89)— 1st District. Wm. H. Hatch; 2nd, Chas. H. 
Mansur, Chiliicothe; 3rd, Alex. M. Dockery; 4th, James N. 
Burnes (died 1889, Chas. F. Booher, Savannah, elected); 5th, 
Wm. Warner; 6th, John T.Heard; 7th, J. E. Hutton; 8th, 
John J. O'Xeil; 9th, John M. Glover; 10th, Martin L. Clardy, 
11th, Richard P. Bland; 12th, Wm. J. Stone; 13th, Wm. H. 
Wade ; 14th, James P. Walker, Dexter. 

51st Congress (1889-91)— 1st District, Wm. H. Hatch: 2nd, Chas. H. 
Mansur, Chiliicothe; 3rd,- Alex. M. Dockery; 4th, Robt. P. C. 
Wilson, Platte City; 5th, John C. Tarsney, Kansas City; 6th, 
John T. Heard; 7th, Richard H. Norton, Troy; 8th, F. G. 
Niedringhaus, St. Louis; 9th, Nathan Frank, St. Louis; 10th, 
Wm. H. Kinsey, St. Louis; 11th, Richard P. Bland; 12th, 
Wm. J. Stone; 13th, Wm. H. Wade; 14th, James P. Walker 
(died, R. H. Whitelaw, Cape Girardeau, elected). 

52nd Congress (1891-93)— 1st District, Wm. H. Hatch; 2nd, Chas. H. 
Mansur; 3d, Alex. M. Dockery; 4th, R. P. C. Wilson; 5th, 
JohnC. Tarsney; 6th, J. T. Heard; 7th, R. H. Norton; 8th, 
J. J. O'Neil; 9th, Seth W. Cobb, St. Louis; 10th, Sam. Byrns, 
Potosi; 11th, R. P. Bland; 12th, David A. DeArmond, Butler; 
13th, R. W. Fyan, Marshfield; 14th, Marshall Arnold, Benton. 



41 8 APPENDIX. 

53rd Congress (1893-95)— 1st District, Wm. H. Hateh; 2nd, Uriel S. 
Hall, Randolph County ; 3rd, Alex. M. Doekery; 4th, Daniel D. 
Burnes; 5th, John C. Tarsney; 6th, David A. DeArmond, 
Bates County; 7th, J. T. Heard; 8th, Richard P. Bland, 
Lebanon; 9th, Champ Clark, Pike County; 10th, Richard 
Bartholdt, St. Louis; 11th, Chas. F. Joy, St. Louis; 12th, 
Seth W. Cobb, St. Louis; 13th, Robert W. Fyan, Webster 
County; 14th, Marshall Arnold, Scott County; 15th, Charles 
H. Morgan, Barton County. 

54th Congress (1895-97)— 1st District, Chas. N. Clark, Hannibal; 2nd, 
Uriel S. Hall, Randolph County; 3rd, Alex. M. Doekery, 
Gallatin; 4th, Geo. C. Crowther, St. Joseph; 5th, John C. 
Tarsney, Kansas City; 6th, David A. DeArmond; 7th, John 
P. Tracey, Springfield; 8th, Joel D, Hubbard, Morgan County; 
9th, Wm. M. Treloar, Mexico; 10th, Richard Bartholdt, St. 
Louis; 11th, Chas. F. Joy, St. Louis; 12th, Seth W. Cobb, St. 
Louis; 13th, John H. Raney, Piedmont; 14th, Norman A. 
Mozley, Dexter; 15th, Charles G. Burton, Nevada. 

55th Congress (1897-99)— 1st District, James T. Lloyd, Shelbyville; 
2nd, Robert N. Bodine, Paris; 3rd, Alex. M. Doekery, Gallatin; 
4th, Charles F. Cockran, St. Joseph; 5th, William S. Cowherd, 
Kansas City; 6th, D. A. DeArmond, Butler; 7th, James A. 
Cooney, Marshall; 8th, Richard P. Bland, Lebanon; 9th, 
Champ Clark, Bowling Green; 10th, Richard Bartholdt, St. 
Louis; 11th, Charles F. Joy, St. Louis; 12th, Charles E. 
Pearee, St. Louis; 13th, Edward A. Robb, Perryville; 14th, 
Willard D. Vandiver, Cape Girardeau; 15th, M. E, Benton, 
Neosho . 



THE ORGANIZATION OF THE COUNTIES. 

Originally there were five districts or counties in the Territory, viz : 
St. Louis, St. Charles, Ste. Genevieve, Cape Girardeau, and New Mad- 
rid. The various sessions of the Legislature, both in the Territorial 
days and after Missouri became a State, organized counties as follows. 

In 1813 — Jefferson, Franklin, Wayne, Lincoln, Pike, Madison, 
Montgomery and Cooper. In 1820 — Lillard, Perry, Ray, Cole, Chari- 
ton, Ralls, Saline., Gasconade, Boone and Callaway. In 1821 — St. 



THE ORGANIZATION OF THE COUNTIES. 419 

Francois and Scott. In 1822 — Clay. In 1826 — Jackson, Marion and 
Lafayette (changed from Lillard). In 1829— Crawford. In 1830-31— 
Randolph. In 1832-33 — Carroll, Clinton, Greene, Monroe, Lewis, 
Morgan, Pettis, Pulaski, Ripley, Warren and St. Clair. In 1834-35 — 
Barry, Henry, Benton, Johnson, Polk, Shelby, Stoddard, Cass and 
Van Buren. In 1836-37 — Audrain, Caldwell, Clark, Daviess, Linn, 
Livingston, Macon, Miller and Taney. In 1838-39 — Newton, Platte 
and Buchanan. In 1841 — Adair, Andrew, Shannon, Bates, Camden 
(changed from Kinderhook), Dade, Gentry, Grundy, Holt, Jasper, 
Scotland and Wright. In 1842 — Dallas, Osage and Ozark. In 1845 — 
Atchison, Dunklin, Harrison, Knox, Mercer, Mississippi, Moniteau, 
Nodaway, Putnam, Reynolds, Schuyler, Sullivan, Texas and Hickory. 
In 1849 — Butler, McDonald, Laclede and Stone. In 1851 — Bollinger 
and Vernon. In 1855 — Barton, Maries and Webster. In 1857 — Doug- 
lass, Howell, Iron and Phelps. In 1859 — Carter. In 1860 — Christian. 
In 1861 — Pemiscot and Worth. These dates show the movement of 
population and the disposition of the people, as soon as they became 
sufficiently numerous, to separate from the old mother counties and 
form new ones of their own. 



MEMBERS OP THE CONVENTION OP 1861. 



COUNTY. 

J. S. Allen Harrison. 

Eli E. Bass Boone. 

Geo. Y. Bast ..Montgomery. 

R. A. Brown Cass. 

Orson Bartlett , . . Stoddard. 

J. H. Bireh Clinton . 

Joseph Bogy.. .Ste. Genevieve. 
S. M. Breckenridge. St. Louis. 
J. O. Broadhead . . St. Louis. 

H. E. Bridge St. Louis. 

Isidor Bush St. Louis. 

J. R. Chenault Jasper. 

Samuel C. Collier. ...Madison. 

A. Comingo Jackson. 

R. W. Crawford... Lawrence. 

Robert Calhoun Callaway. 

M. P. Cayce St. Francois. 

R. W. Donnell Buchanan. 

Geo. W. Dunn Ray. 

Wm. Douglas Cooper. 

Charles D. Drake. . .St. Louis. 
A. W. Doniphan . . . Clay. 

C. D. Eitzen Gasconade . 

R. B. Frayzer St. Charles. 

Joseph Flood. ... .Callaway. 

John D. Foster Adair. 

N. F. Givens Clark. 

H. M. Gorin Scotland. 

H. R. Gamble St. Louis. 

T. T. Gantt St. Louis. 

J. J. Gravelly. Cedar. 

A. S. Harbin . , . . . .Barry. 

R. A. Hatcher New Madrid. 

V. B. Hill Pulaski. 

W.J.Howell .. , .Monroe. 
Prince L. Hudgins. .Andrew. 
Willard P. Hall. . , .Buchanan. 
William A. Hall . . . Randolph. 
John B. Henderson. Pike. 
Littleberry Hendrick,Greene. 
Henry Hitchcock. . ..St. Louis. 

Robert Holmes St. Louis. 

John Holt .Dent. 

Harrison Hough. .... Mississippi. 

John How . . St. Louis . 

J. M. Irwin Shelby. 

Z. Isbell Osage. 

William Jackson Putnam. 

R. W. Jamison Webster. 

J. W. Johnson , , , , Polk. 

(420) 



COUNTY. 

J. Proctor Knott .... Cole. 

C. G. Kidd Henry. 

W. T. Leeper. .... .Wayne. 

M. L. L. Linton St. Louis. 

John F. Long St. Louis. 

J. T. Matson Ralls. 

A. W. Maupin Franklin. 

J. H. Moss .Clay. 

Vincent Marmaduke. Saline. 

A. C. Marvin Henry. 

J. W, MeClurg Camden. 

J. R. MeCormick. . Perry. 
Nelson McDowell. . .Dade. 
James McFerrain. ...Daviess. 

Ferd. Meyer. .... . . St. Louis. 

W. L. Morrow ..... Dallas, 

E. H. Norton Platte. 

J. C. Noell Bollinger. 

Sample Orr Greene. 

John P. Philips Pettis 

Wm. G. Pomeroy . . . Crawford. 

Philip Pipkin Iron. 

Sterling Price. Chariton. 

J. P. Ross Morgan. 

R. D.Ray Carroll. 

J. T, Redd Marion. 

C. G-. Rankin . . . .Jefferson. 

M. H. Ritchey Newton. 

Fred Rowland Macon. 

S. L. Sawyer Lafayette. 

E. K. Sayre Lewis. 

J. K. Sheeley Jackson. 

Robert M. Stewart. .Buchanan. 

Thos. Scott Miller. 

Thos. Shackelford. . .Howard. 
J. H. Shackelford. . .St. Louis. 

Jacob Smith Linn. 

Sol. Smith St. Louis. 

J. T. Tindall Grundy. 

W. W. Turner . . Laclede. 

J. G. Waller Warren. 

N. W. Watkins Scott. 

Warren Woodson. . .Boone. 

A. M. Woolfolk Livingston. 

Uriel Wright St. Louis. 

Aikman Welch Johnson. 

Robert Wilson Buchanan. 

Ellzey Van Buskirk..Holt. 
G. W. Zimmerman . . Lincoln. 



MEMBERS OF THE CONSTITUTIONAL CONVEN- 
TION OP 1875. 



COUNTY. 

Waldo P. Johnson, 

President St. Clair. 

Nathaniel W. Watkins, 

Vice-President .... Scott. 
A.M. Alexander. . .Monroe. 
W. Adams Cooper. 

D. C. Allen Clay. 

P. M. Black Jackson. 

H. C. Brockmeyer. .St. Louis. 

H. Boone DeKalb. 

G. W. Bradfield... Laclede. 
J. O. Broadhead.. ..St. Louis. 

C W. Carlton Pemiscot. 

Wm. Chrisman Jackson. 

L. F. Cotty ..Knox. 

S. Kr. Crockett Vernon. 

T. W. B. Crews.... Franklin. 

E. V. Conway .St. Francois. 

L, J. Dryden Warren. 

B. R. Dysart Macon. 

L. H. Davis Cape Girar- 
deau. 
J. C. Edwards . . . St. Louis. 

C. D. Eitzen Gasconade. 

J. F. T. Edwards. . .Iron. 

R. W. Fyan Webster. 

J. L. Farris Ray. 

L. Gottsehalk St. Louis. 

J. Hyer Dent. 

T. T. Gantt St. Louis. 

J. A. Holliday Caldwell. 

J. B. Hale. ....... Carroll. 

W. Halliburton Sullivan. 

C. Hammond Chariton. . 

N. C. Hardin Pike. 

T. J. Johnston. ...Nodaway. 



COUNTY. 

H. B. Johnson Cole. 

H. C. Lackland St. Charles. 

A. M. Lay Cole. 

W. H. Letcher Saline. 

E. McCabe Marion. 

A. V. McKee Lincoln. 

M. McKellop Atchison. 

P. Mabrey Ripley. 

B. F. Massey Newton. 

H. T. Mudd St. Louis. 

C. B. McAfee. .... Greene. 

N. A. Mortell St. Louis. 

J. H. Maxey Howell. 

E. H. Norton Platte. 

E. A. Nickerson ...Johnson. 
William Priest.. . Ralls. 

Joseph Pulitzer St. Louis. 

P. Pipkin Jefferson. 

J. H. Rider Bollinger. 

J. P. Ross.. Morgan. 

J. R. Rippey Schuyler. 

J. F. Rueker Boone. 

J. W. Ross Polk. 

J. C. Roberts Buchanan. 

John Ray ... Barry. 

Wm. F. Switzler. . . Boone. 

J. H. Shanklin Grundy. 

Thomas Shackelford. Howard. 
H. J. Spaunhorst. . .St. Louis. 
Geo. H. Shields. .... St. Louis. 

J. H. Taylor Jasper. 

A. R. Taylor St. Louis. 

A. Todd St. Louis. 

Levi J. Wagner. ... Scotland. 
H. C. Wallace Lafayette. 

(421) 



INDEX TO HISTORY OF MISSOURI. 



[The References are to the Sections.] 



Admission to Union, 52. 
Alabama, 55. 
Allsman, Andrew, 209. 
Anderson, Bill, 218. 
Arsenal at Liberty, 171. 
Arsenal at St. Louis, 168. 
Ashley, William H., 64, 72. 
Atchison, David R., 121, 131, 158. 



B 



Baptists, 231. 

Barton, David, 66, 79. 

Bates county, 215. 

Bates, Edward, 59, 78, 160. 

Bates, Frederick, 72, 73. 

Battle of Boonville, 184. 

Battle of Carthage, 185. 

Battle of Lexington, 199. 

Battle of Pea Ridge, 204. 

Battle of Quebec, 12, 

Battle of Wilson's Creek, 191. 

Battles and Skirmishes, 219. 

Bay, W. V. N., 230. 

Benton and Lucas, 67. 

Benton, Thomas H., 67, 79, 104, 

121, 122, 123, 124, 131. 
Bingham. George C, 215, 
Blair, Francis P,, 109, 160, 179, 

180, 181, 231, 238, 258. 
Bloody Hill, 191. 
Blue Lodges, 138. 
Boggs, Lilburn W.. 81, 86, 87, 93, 

95. 
Bogy, Lewis V., 251, 258. 
Boone, Daniel, 40. 
Boone's Lick, 39, 42. 



Boonville, 184, 
Broadhead, James O., 160. 
Brockmever, Henry C, 256. 
Brown, B, Gratz, 160, 183, 213 

238, 239. 
Brown, John, 141. 
Buckner, Alexander, 59, 102. 
Bull, Dr. John, 81. 
Burr, Aaron, 31, 32, 71. 
Business Disturlbances, 50. 



o 



Caldwell, H. C, 208. 

Call for troops, 170. 

Campbell, William, 106. 

Camp Jackson, 168, 176, 177, 

Capital of Missouri, 76, 

Capture of Chihauhau, 111. 

Capture of Santa Fe., 109, 

Carthage, 185, 

Cass county, 215. 

Catholics, 231. 

Centralia Massacre, 218. 

Chihauhau, 111. 

Cholera, 83. 

Clark, George Rogers, 20. 

Clark, John B., 93, 98, 159, 182, 

185, 201. 
Clark, John B. Jr., 195, 217. 
Clark, William, 34, 41, 64, 85. 
Clay. Henry, 62. 
Cleveland and Stone, 271. 
Cockrell, Francis M., 195, 251. 
Cole, Stephen, 39. 
Conclusion, 275, 
Conditional Union men, 159. 
Confederate troops, 220, 
Congressmen, 68, 78. 

(423) 



HISTORY OF MISSOURI. 



423 



Oongressional delegates, 41. 
Conservatives, 216. 
Constitution, first, 59. 
Constitution of 1865, 224, 236. 
Constitution of 1875, 253. 
Convention of 1861, 155, 157, 162, 

196, 212. 
Cook, John D., 59, 69. 
Cooper, Col. Benj., 39. 
Counties organized, 66. 
Counties, organization of, 

page, 418. 
Cowskin Prairie, 190. 
Crittenden, Thomas C, 260. 
Cruzat, 21. 
Curtis, 204. 
Cyclones, 272. 



D 



D'Abbadie, 10. 

De Levba, 20. 

Debt, 254. 

Delawares, 22. 

DeSoto, 3. 

DeWitt, 92. 

Die Sehwartze Garde, 175. 

Discovery of the Missouri, 5, 

Discovery of Mississi,ppi, 4, 5. 

Disfranchisement, 210, 226, 231, 

235. 
Doniphan, A.W., 93, 108, 109, 110, 

159, 177. 
Doniphan's Expeditions, 108-113. 
Douglas, Stephen A., 133, 150. 
Duels, 67, 74, 78. 
Dunklin, Daniel, 81, 82. 
Draconian Code, 224. 
Drake, Charles D., 224, 238. 
Drake Constitution, 224. 
Drvden, J. D. S., 230. 
Dyer, D. P., 260. 



B 



Earthquakes, 36. 

Eastou, Eufus, 41, 71. 

Edwards, John C, 104, 105, 108. 

Election ji 1860, 150. 

Election of 1868, 233. 



Election of 1872, 245. 
Election of 1874, 249. 
Election of 1876, 256. 
Election of 1888. 265. 
Election of 1892, 268. 
Election of 1896, 273. 
Emancipation, 79. 
Emancipation efforts, 211, 212. 
Emigration societies, 137. 
Engagements, number of, 219. 
English settlement, 39. 
Expedition of Lewis and Clark, 34. 
Expedition of Pike, 35. 
Exploration of Missouri, 6. 
Ex post facto law, 227, 232. 
Essig's battery, 185. . 
Ewing, General H. S., 217. 
Ewing, Robert C, 131. 
Ewing, Thomas, 215. 

F 

Far West, 91. 
Federal relations, 163. 
Filley, O. D., 179. 
Financial difficulties, 50, 247. 
Finkelnburg, G. A., 256. 
Fire in St. Louis, 117. 
First gun, 156. 
First settlement, 9. 
Fisk, Clinton B., 217. 
Fletcher, Thomas C, 223. 
Florida, 23. 

Fontainbleau treaty, 12. 
Francis, David K., 265, 266. 
Franklin, 39. 

Fremont, John C, 147, 189. 
French explorations, 4, 5, 6. 
Frost, D. M., 143, 168. 
Fugitive slave law, 142, 149. 
Fur trade, 48 . 

G 

Gamble, Hamilton E., 159, 163. 

196, 221. 
Gasconade Disaster, 130. 
Gentry, Col. Richard, 88. 
Geyer, Henry S., 124, 125. 
Governor, first, 64, 



424 



INDEX TO 



Governor deposed, 196. 

Grand Tower, 21. 

Grange, The, 248. 

Grasshoppers, 252. 

Gravelly, J. J., 236. 

Green, James S., 131, 133, 158, 167. 

Guitar, Odon, 208. 

Gunn City Tragedy, 243. 

H 

Hall, Willara P., 109, 196, 222. 
Hall, Wm. A., 159, 164, 180. 
Halleek, 200, 204. 
Hannibal & St. Joseph R. R., 244, 
Hardin, Charles H., 249, 250. 
Hards and Softs, 104. 
Harney, General, 173, 178, 179. 
Harrison, Wm. H., 22, 29, 96. 
Hempstead. Edward. 41. 
Henderson, John B., 164, 213, 245. 
Hinkle, G. W., 92, 94. 
Holmes, Nathaniel, 230. 
Hospitality, 18. 
Howard, Benjamin, 41. 
Howard county, 39, 41, 43. 
Hudgins, Prince L., 164. 
Hunter, David, 200. 



'a'll Try, Sir," 77. 
Immigrants, 44, 45. 
Imprisonment for debt, 101. 
Indian border line, 119. 
Indians, 22. 

Internal improvements, 126, 127, 
Iowa line. 118, 119. 
Iron Clad Oath, 226. 



Jackson, Claiborne F., 120, 151, 
154, 158, 170, 180, 182, 184, 186, 
187, 196, 197. 

Jackson county, 215. 

Jackson resolutions, 121. 

Jayhawking, 141, 144. 

Johnson, Charles P., 245. 

Johnson, Major, 218. 

Johnson, Waldo P., 167, 213, 253. 



Jones, John Rice, 69. 

Judges, increase of supreme, 267 

K 

Kansas troubles, 136-146. 
Kaskaskia, 9, 20, 21. 
Kimball, E. E., 265. 
King, Austin A., 116. 
Krekel, Arnold, 224. 



Laclede, 10. 

Lafayette, 75. 

Land titles, 30. 

Lane, William Carr, 78. 

La Salle, 5. 

Lawlessness, 140. 

Lawrence, 214. 

Lead, 48. 

Legislature deposed, 196. 

Legislature, state, 66. 

Legislature, territorial, 41. 

Lewis and Clark, 34. 

Lewis, Meriwether, 32, 41. 

Lexington, 199. 

Liberal Republicans, 236. 

Lincoln, President, 150, 170, 179. 

Linn, Lewis F., 102. 

Lipscomb, H. S., 208. 

Local option law, 263. 

Locusts, 252. 

Log cabin candidate, 96. 

Louisiana, 5, 29. 

Louisiana purchase, 26, 27, 28. 

Lovejoy, E. P., 84. 

Lovelace, W. L., 230. 

Lucas, Charles, 67. 

Lucas, Judge, 31. 

Lyon, Nathaniel, 169, 170, 173, 

174, 179, 180, 182, 183, 188, 

189, 191, 193. 

M 

Manumission day, 225. 
Marmaduke, Johns., 184, 262, 264. 
Marmaduke, M. M., 103. 
Marquette, 4. 

MeClurg, Joseph W., 233, 234. 
McCulloch, Gen. Benj., 186,191, 
194. 



HISTORY OF MISSOURI. 



425 



McGirk, Mathias, 69. 
McNair, Alex, 64, 65. 
McNeil, John H., 208, 209. 
Merrill's horse, 208. 
Mexican War, 107-115. 
Military bill, 155, 166, 176, 206. 
Militia, 100, 155, 166, 206, 219. 
Miller, John, 72, 77, 80. 
Missouri admitted to Union, 52, 

53, 54, 55, 56, 57, 58, 60, 61, 

62, 63. 
Missouri compromise, 58, 59, 62. 
Missouri, name, 5. 
Missouri Pacific Railroad, 130. 
Missouri State Militia, 207. 
Missouris, 7, 8. 
Missouri territory, 41. 
Missouri transferred to Spain, 12. 
Montcalm, 12. 
Montgomery, James, 142 . 
Morehouse, Albert P., 264. 
Mormon troubles, 89-95, • 
Moss, James H., 164. 
Moss resolution, 164. 
Mulligan, James A., 199. 
Mullins, Maj. A. W., 206, 217. 
Muster day, 100. 

N 

Napton, Judge, 120, 261. 
National Bank, 78, 97. 
Negro education, 241, 
Negro suffrage, 235. 
New Era, 106'. 
New Madrid claims, 38. 
New Madrid earthquake, 36. 
New Mexico, 107, 
Northwest territory, 23, 
Nullification, 149. 

o 

Order No. 11, 215. 
Orders, 202, 203. 
Orr, Sample, 151. 
Osage Indians, 6. 
Ousting officers, 228, 230. 



Palmyra, 209, 231. 

Parsons, Monroe M., 177, 184, 185, 

195, 
Patten, David, 93. 
Peace and prosperity 240, 
Pea Ridge, 204, 217. 
Pearce, Gen'l, 191. 
Perez, 22. 
Pettis, Spencer, 78 
Peyton, R, L. Y,, 201. 
Phelps, John S., 104, 232, 233, 256, 

260. 
Philips, JohnF., 206, 217. 
Piernas, 15. 

Pike, General Albert, 204. 
Pike, Zebulon M., 35. 
Pillow, 187. 
Pirates, 21. 
Platte purchase, 85. 
Pleasanton. General, 217, 
Poindexter^ J. A., 208. 
Polk, Trusten, 131, 132, 158, 213. 
Pontiae, 14. 

Population, 25, 51, 145, 275. 
Porter, Jo. C, 208. 
Preachers disfranchised, 231. 
Price- Harney agreement, 179. 
Price joins Confederacy, 205. 
Prices of commodities, 80. 
Price's raid, 217. 
Price, Sterling, 104, 110, 114, 115, 

129, 159, 179, 180, 182, 184, 

190, 191, 194, 205, 217. 
Price, Thomas L., 223. 
Price, Thomas H., 190. 
Proclamation, Fremont's, 197. 
Proclamation, Gamble's, 197. 
Proclamation, Jackson's, 197. 
Proclamation, Lyon's, 188. 
Proclamation, Price's, 197. 
Proclamation by Jackson, 180. 
Proscription, 226, 231. 
Provisional government, 196, 220, 

221. 



Q 



Quantrill, 214. 
Quebec, 12. 



426 



INDEX TO 



R 



Radical Republicans, 236. 
Radicals, 216. 
Railroad debts, 127, 
Railroad difficulties, 242 . 
Rains, James S., 177, 
Red Legs, 214, 
Reeves, Benjamin, 59, 72. 
Regiments, 172. 
Registration act, 232. 
Renault, 9, 

Republican party, 147. 
Republicans, Liberal, 236. 
Restored citizenship, 237, 
Retrospective law, 227, 231, 
Revenues, decrease in, 270. 
Revolutionary War, 20, 
Reynolds, Thomas, 98, 101, 103. 
Reynolds, Thomas C, 155, 196, 201. 
Rollins, James S., 134, 
Roseerans, General, 217. 



S 



Sacking of Lawrence, 214. 

Santa Fe, 109, 

Schofield, 195, 

Schurz, Carl, 238. 

Scott, John, 41, 57. 68. 

Seal of Missouri, 70, 

Seceding States, 152, 

Secessionists, 155, 158, 

Secession legislature, 201. 

Senators, 213, 238, 258, 

Settlement, first, 9, 39, 

Shawnees, 22, 

Shelby, General Jo,, 195, 217. 

Seminole War, 88 , 

Sigel, Franz, 183, 185, 191, 195. 

Sisters of Charity, 231, 

Slack, W. Y., 177, 195, 204. 

Slavery, 53, 56, 57, 79, 120, 121, 

148, 
Smith, General A. J,, 217, 
Smith, Joseph, 89, 
Snead, Thomas L,, 158, 180. 
Soldiers at polls, 210. 
Soldiers, number of, 220, 
Solemn Public Act, 62, 63. 
Spanish Caravan, 7 . 



Spanish rule, 15, 24. 

Speculations, 248. 

Stanard, E. O,, 233, 

State capital, 76, 221. 

State debt, 254. 

State militia, 207. 

State troops, 220. 

Steamboats, 49. 

St. Ange, 13, 15. 

St, Charles, 11. 

St, Charles coun-ty, 33, 

Ste, Genevieve, 9. 

St. Louis, 10. 

Stephens, Lon V., 274. 

Stewart, Robert M., 135, 153, 159, 

210. 
Stone and Cleveland, 271. 
Stone, William J., 269. 
Strikes, 271. 

Supreme Court, 69, 230, 261, 267. 
Sweeney, Thomas W,, 183, 195. 



T 



Taos, 114. 

Tenancy in common, 17. 
Terms of office, 255. 
Territorial legislature, 41. 
Territorial officers, 41, 
Territory of Louisiana, 29. 
Test oath, 226. 

Test oath declared uncon- 
stitutional, 231 . 
Test oath, repeal of, 236. 
Texas, 107. 
Thompson, Jeff, 187. 
Tompkins, George, 69. 
Treaty, Fontainbleau, 12. 
Treaty, Louisiana Purchase, 27, 
Troops called for, 170. 
Trudeau, 23. 

U 

Unconditional Union men, 160. 
Union soldiers, 220. 

V 

Van Dorn, General, 204. 
Vest, George G., 259. • 



HISTORY OF MISSOURI. 



427 



Vote on reenfranehisemeDt, 235, 

236, 237. 
Vote of 1860, 150. 
Vote on Constitution of 1865, 229. 
Vote on secession, 161 . 

Wagoner, David, 230. 
War declared, 180. 
War of 1812, 44. 



Warren county, 33. 
Weightman, Colonel, 111, 192. 
Western Department, 189. 
Whigs, 98, 99. 
Wilkinson, 31, 32. 
Williams, Abraham J., 72. 
vVilson, Robert M., 196,213. 
Wilson's Creek, 191. 
Wolfe, 12. 
Woodson, Silas, 245, 246, 249. 



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